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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/chartercityofhouOOhousiala 


Houston,   Tx. 
./Charters. 


Wsfp 


The  City  of  Houston 

: . y 


HARRIS  COUNTY, 

•  •  •  i  II!fj\/\d  •  •  • 


As  Passed  by  the  29th  Legislature 


1905 


HOUST02S1,   TKXAS: 

W.   H.  COYLE  &  CO.,   PRINTBHS. 
1905. 


t-r-Ail  or  GOVERNMENTAL  RESEAf- 
LIBRA^s 
44  LIBRA"      • 


/ 


AN   ACT 


To  Grant  a  New  Charter  to  the  City  of  Houston, 

Harris  County,  Texas  ;  Repealing  all  Laws 

OR  Parts  of  Laws  in  Conflict  Herewith, 

and  Declaring  an  Emergency. 


Be  it  enacted  by  the  Legislature  of  the  State  of  Texas: 

article  I. 

Section  1.  CORPORATE  NAME.— That  all  the  inhabitants  of  the 
City  of  Houston,  Harris  County,  Texas,  as  the  boundaries  and  limits  of 
said  city  are  herein  established,  or  may  be  hereafter  established,  shall 
be  a  body  politic,  incorporated  under,  and  to  be  known  by,  the  name 
and  style  of  the  "City  of  Houston,"  with  such  powers,  rights  and 
duties  as  are  herein  provided. 

Sec.  2.  BOUNDARIES.— That  the  boundaries  and  limits  of  said 
corporation  shall  be  four  miles  square,  to  be  run  with  the  cardinal 
points  of  the  compass,  of  which  the  center  of  the  Court  House  Square 
of  Harris  County,  in  the  City  of  Houston,  shall  be  the  center;  provided, 
that  such  part  of  the  present  boundaries  of  the  incorporated  town  of 
Houston  Heights  as  may  be  included  in  the  above  description  of  the 
boundaries  of  the  City  of  Houston,  shall  be  excepted  therefrom  and  not 
included  in  the  boundaries  or  limits  of  the  City  of  Houston. 

Sec.  3.  PLATTING  OF  PROPERTY.— That  should  any  property 
lying  within  the  city  limits  as  established  by  this  act  be  hereafter 
platted  into  blocks  and  lots,  then  and  in  that  event  the  owners  of 
said  property  shall  plat  and  lay  the  same  off  to  conform  to  the 
streets  and  lots  abutting  on  same,  and  shall  file  with  the  City  Engineer 
a  correct  map  of  same;  provided,  that  in  no  case  shall  the  City  ot 
Houston  be  required  to  pay  for  any  of  said  streets  at  whatever  date 
opened,  but  when  opened  by  reason  of  the  platting  of  said  property, 
at  whatever  date  platted,  they  shall  become  by  such  act  the  property  of 
the  City  of  Houston  for  use  as  public  highways,  and  shall  be  cared 
for  as  such. 

article  II. 

Section  1.  CORPORATE  POWERS. — The  City  of  Houston,  made  a 
body  politic  and  corporate  by  this  act,  shall  have  perpetual  succes- 
sion, may  use  a  common  seal,  may  sue  and  be  sued,  may  contract 
and  be  contracted  with,  implead  and  be  impleaded  in  all  courts  and 
places   and   in   all   matters   whatever,   may   take,   hold,   and   purchase 


i 

44  UBRARy/wiV^OING 

/  i 


Charter  of  the 


lands  as  may  be  needed  for  the  corporate  purposes  of  said  city,  and 
may  sell  any  real  estate  or  personal  property  owned  by  it,  per- 
form and  render  all  public  services,  and,  when  deemed  expedient, 
may  condemn  property  for  public  use,  and  may  hold,  manage  and 
control  the  same;  such  condemnation  proceedings  to  he  governed  and 
controlled  by  the  law  now  in  force  in  reference  to  the  condemna- 
tion of  the  right  of  way  of  railroad  companies  and  the  assessment 
of  damages  therefor,  and  shall  be  subject  to  all  the  duties  and  ob- 
ligations now  pertaining  to  or  incumbent  upon  said  city  as  a  corpora- 
tion not  in  conflict  with  the  provisions  of  this  act.  and  shall  enjoy 
all  the  rights,  immunities,  powers,  privileges  and  franchises  now  pos- 
sessed and  enjoyed  by  said  city  and  herein  granted  and  conferred. 

Sec.  2.  POWERS  OF  ORDINANCE.— The  City  of  Houston  shall 
have  power  to  enact  and  to  enforce  all  ordinances  necessary  to  pro- 
tect health,  life  and  property,  and  to  prevent  and  summarily  abate 
and  remove  nuisances,  and  to  preserve  and  enforce  the  good  gov- 
ernment, order  and  security  of  the  city  and  its  inhabitants;  to  pro- 
tect the  lives,  health  and  property  of  the  inhabitants  of  said  city, 
and  to  enact  and  enforce  any  and  all  ordinances  upon  any  subject; 
provided,  that  no  ordinance  shall  be  enacted  inconsistent  with  the  laws 
of  the  State  of  Texas,  or  inconsistent  with  the  provisions  of  this 
act;  and,  provided,  further,  that  the  specification  of  particular  pow- 
ers shall  never  be  construed  as  a  limitation  upon  the  general  pow- 
ers herein  granted;  it  being  intended  by  this  act  to  grant  to  and 
bestow  upon  the  inhabitants  of  the  City  of  Houston  and  the  City  of 
Houston  full  power  of  self  government,  and  it  shall  have  and  exer- 
cise all  powers  of  municipal  government  not  prohibited  to  it  by  this 
Charter  or  by  some  general  law  of  the  State  of  Texas,  or  by  the  pro- 
visions of  the  Constitution  of  the  State  of  Texas. 


Sec.  3.  REAL  ESTATE,  ETC.,  OWNED  BY  CITY.— All  real  estate 
owned  in  fee  simple  title,  or  held  by  lease,  sufferance,  easement  or 
otherwise;  all  public  buildings,  market  houses,  school  houses,  fire 
engine  stations,  public  squares,  parks,  streets,  alleys,  and  all  proi)- 
erty  of  whatever  kind,  character  and  description  which  has  been  grant- 
ed, donated,  purchased,  or  otherwise  acquired  by  the  City  of  Hous- 
ton through  any  means  or  agency,  and  all  causes  of  action,  choses 
in  action,  rights  or  privileges  of  every  kind  and  character,  and  all 
property  of  whatsoever  character  or  description  which  may  have  been 
held,  and  is  now  held,  controlled  or  used  by  said  City  of  Houston  for 
public  uses  or  in  trust  for  the  public  shall  vest  in,  and  remain  in  and  in- 
ure to  the  said  corporation,  the  City  of  Houston,  under  this  act;  and  all 
suits  and  pending  actions  to  which  the  City  of  Houston  heretofore  was 
or  now  is  a  party,  plaintiff  or  defendant,  shall  in  no  wise  be  affected 
or  terminated  by  the  provisions  of  this  act,  but  shall  continue  un- 
abated. 

Sec.  4.  STREET  POWERS.— The  City  of  Houston  shall  have  power 
to  lay  out,  establish,  open,  alter,  widen,  lower,  extend,  grade,  narrow, 
care  for,  sell,  pave,  supervise,  maintain  and  improve  streets,  alleys, 
sidewalks,  squares,  parks,  public  places  and  bridges,  and  to  vacate 
and  close  the  same;  and  to  regulate  the  use  thereof;  and  to  require 
the  removal  from  the  streets  and  sidewalks  of  all  obstructions,  tele- 


City  of  Houston 


graph,  telephone,  street  railway  or  other  poles  carrying  electric  wires, 
signs,  fruit  stands,  showcases,  and  encroachments  of  every  character 
upon  said  streets  or  sidewalks;  and  to  vacate  and  close  private  ways. 

Sec.  5.  TO  REGULATE  STREET  AND  ELECTRIC  RAILWAY 
COMPANIES. — The  City  of  Houston  shall  have  the  power  by  ordinance 
or  otherwise,  to  regulate  the  speed  of  engines,  locomotives  and  street 
cars  within  the  limits  of  said  city;  and  to  require  steam  railway  com- 
I-anies  to  keep  the  streets  over  which  they  run  properly  drained, 
and  to  light  the  same  wherever  deemed  necessary,  and  to  require 
steam  and  electric  railway  companies  to  construct  and  keep  in  re- 
pair from  curb  to  curb  bridges  and  crossings  over  all  the  ditches, 
and  to  construct  and  maintain  drains  and  culverts  where  crossed  by 
any  line  of  said  railways  on  all  streets  over  which  they  run;  to  di- 
rect and  control  the  laying  and  construction  of  railroad  tracks,  turn- 
outs and  switches,  and  to  regulate  the  grade  of  same,  and  to  re- 
quire them  to  conform  to  the  grade  of  the  streets  of  said  city  as 
they  may  be  or  are  now  established,  and  that  said  tracks,  turnouts 
and  switches  be  so  constructed  and  laid  out  as  to  interfere  as  little 
as  possible  with  the  ordinary  travel  in  the  use  of  the  streets. 

The  City  of  Houston  shall  have  power  by  ordinance  or  otherwise 
to  require  steam  railways  using  any  portion  of  the  streets  of  the 
city  to  pay  all  or  any  part  of  the  paving,  grading,  draining  and  repair 
thereof  along  the  street  so  used  by  such  railway,  and  to  light  the 
same  whenever  and  wherever  deemed  necessary  or  advisable. 

Said  city  shall  have  power  by  ordinance  or  otherwise  to  require 
any  street  or  electric  railway  company  to  pay  the  cost  of  the  grading, 
paving,  repairing  or  repaving  or  otherwise  improving  the  street  or 
streets  or  intersections  thereof  used  or  occupied  bj'  such  railway 
company,  and  such  cost  shall  be  a  lien  upon  the  property  and  fran- 
chises of  the  company.  The  portion  of  the  street  occupied  by  an 
electric  or  street  railway  company  shall  be  deemed  to  be  ihe  space 
between  its  tracks  and  twelve  inches  on  the  outside  of  each  of  its  rails, 
and  all  the  space  between  double  tracks,  turnouts  and  switches. 

Any  railroad  company  or  street  railway  company  proposing,  with 
the  permission  of  the  Council,  to  occupy  any  street  or  streets  already 
occupied  by  any  such  other  Company,  shall,  besides  paying  for  paving 
as  may  be  required  by  the  City  Council,  or  by  the  provisions  of  this 
act,  be  required  also  to  pay  for  paving  between  the  tracks  of  said 
two  roads  to  within  twelve  inches  of  the  track  of  such  other  road, 
and  such  cost  shall  be  a  lien  upon  the  property  and  franchises  of 
the  company. 

Should  any  railroad  or  street  railway  company  propose  to  lay  a 
track  on  any  street  or  portion  of  a  street  which  shall  have  been  im- 
proved under  the  provisions  of  this  act,  it  shall  become  liable  for  the 
portion  of  the  cost  of  such  improvement  as  the  City  Council  may 
direct,  or  as  is  fixed  by  this  act 

No  railroad  or  street  railway  company  shall  be  permitted  to  occupy 
any  street  or  portion  of  a  street,  improved  or  otherwise,  not  previously 
occupied  by  it,  except  with  the  permission  of  the  City  Council. 

The  City  Council  shall  have  power  by  ordinance  to  require  any 
street  car  or  electric  railway  company,  or  other  person  or  corporation 


Charter  of  the 


operating  street  cars  in,  into  or  through  the  City  of  Houston,  to  issue 
to  its  passengers  transfers  from  any  of  its  lines  to  any  other  lines 
within  the  city,  upon  the  payment  hy  said  passenger  of  the  fare  or 
rate  prescribed  for  one  continuous  passage. 

Sec.  6.  TO  REGULATE  RATES  OF  PUBLIC  UTILITIES.— The  City 
Council  shall  have  the  power  by  ordinance  to  fix  and  regulate  the 
price  of  water,  gas  and  electric  lights,  and  to  regulate  and  fix  the 
fares,  tolls  and  charges  of  local  telephones  and  exchanges;  of  public 
carriers  and  hacks,  whether  transporting  passengers,  freight  or  bag- 
gage, and  generally  to  fix  and  regulate  the  rates,  tolls  or  charges  of 
all  public  utilities  of  every  kind. 

To  fix  and  regulate  the  fares  .nnd  charges  of  electric  or  street  railway 
companies,  and  shall  require  by  ordinance,  under  proper  penalties,  that 
any  street  railroad  using  any  of  the  streets  of  the  city  shall  for  one  fare 
give  a  transfer  from  any  of  its  lines  to  any  other  line  in  the  city, 
whether  such  other  line  be  owned  by  it  or  any  other  company,  and 
in  addition  to  the  penalties  to  be  prescribed  by  ordinance  for  the 
failure  to  give  transfers,  shall  have  the  right  by  mandamus  or  other 
proper  remedy  in  any  court  of  competent  jurisdiction  to  enforce  any 
ordinance  requiring  the  giving  of  transfers  by  any  street  railroad 
company;  and  in  addition  thereto  the  City  of  Houston  may  recover  of 
the  street  railway  company  the  sum  of  twenty-five  dollars  as  penalty 
and  liquidated  damages  for  each  and  every  failure  to  give  a  transfer. 

It  shall  be  unlawful  to  continue,  amend  or  extend  any  street  rail- 
road franchise,  without  binding  any  such  railroad  to  give  universal 
transfers,  under  provisions  to  be  fixed  by  general  ordinance. 

Sec.  7.  MAY  OWN  WATERWORKS.— The  City  of  Houston  may 
buy  or  construct,  own,  maintain  and  operate  a  system  of  waterworks, 
gas  or  electric  lighting  plants,  street  cars  and  sewers,  and  it  shall 
be  its  duty  to  regulate,  care  for  and  dispose  of  sewage,  waste  water, 
surface  water,  offal,  garbage  and  other  refuse  matter,  and  to  make 
rules  and  regulations  governing  the  same,  and  prescribe  penalties 
for  violations  of  said  rules  and  regulations. 

Sec.  8.  FIRES. — The  City  of  Houston  shall  have  power  to  provide 
means  for  the  protection  against  and  the  extinguishment  of  conflagra- 
tions, and  for  the  regulation,  maintenance  and  support  of  the  fire 
department,  and  for  the  purpose  of  guarding  against  the  calamity  of 
fire,  may  prescribe  fire  limits,  and  may  regulate  or  prohibit  the 
erection,  building,  placing  or  repairing  of  wooden  buildings  within 
such  limits  in  said  city  as  may  by  ordinance  be  designated  and  pre- 
scribed as  fire  limits,  and  may  also  within  said  limits  prohibit  the 
moving  or  putting  up  of  any  wooden  buildings  from  without  said 
limits,  and  may  also  prohibit  the  removal  of  any  wooden  buildings 
from  one  place  to  another  within  said  limits,  and  may  direct  and 
prescribe  that  all  buildings  within  the  limits  so  designated  in  the 
ordinance  as  fire  limits  shall  be  made  or  constructed  of  fire-proof 
material,  the  kind,  character,  extent  and  quality  of  which  buildings 
and  material  may  by  ordinance  be  prescribed  and  fixed,  and  may  pro- 
hibit the  repairing  of  wooden  buildings  in  fire  limits  when  the  same 
shall  have  been  damaged  to  within  fifty  per  cent  of  the  value  thereof. 


City  of  Houston 


and  may  prescribe  the  manner  of  finding  such  damages,  and  may  de- 
clare all  dilapidated  buildings  to  be  nuisances  and  direct  the  same 
to  be  repaired,  removed  or  abated  in  such  manner  as  the  Council 
may  prescribe,  and  may  declare  all  wooden  buildings  in  the  fire  limits 
which  they  deem  dangerous  to  contiguous  buildings,  or  which  may 
cause  or  promote  fires,  to  be  nuisances,  and  may  require  and  cause 
the  same  to  be  removed  in  such  manner  as  may  "be  prescribed,  at 
the  expense  of  the  owner,  and  may  further  prescribe  limits  within 
which  only  a  fire-proof  roofing  may  be  used,  and  may  impose  a  penalty 
for  violations  of  such  rules  and  regulations. 

The  city  shall  have  the  right  by  ordinance  to  regulate,  prescribe 
and  govern  the  storage  of  lumber,  sash,  doors,  blinds  and  any  and  all 
kinds  of  goods,  wares  and  merchandise  of  every  kind,  and  prescribe 
limits  within  which  such  materials  may  be  carried,  and  fix  penalties 
for  violation  of  the  rules  and  ordinances  governing  the  same. 

Sec.  9.  WHARVES  AND  DOCKS.— Said  city  shall  have  power  to 
establish,  buy,  erect,  maintain,  own,  lease  and  regulate  wharves  and 
docks,  charge  wharfage  and  dockage,  regulate  the  use  of  White  Oak 
and  Bufi'alo  Bayous,  and  fix  places  for  the  anchorage  of  water  craft 
thereon. 

Sec.  10.  MARKETS. — Said  city  shall  have  power  to  establish,  lease, 
maintain,  regulate  and  operate  markets  and  market  places,  and  ab- 
batoirs  and  to  build,  own  and  maintain  buildings  therefor,  and  to  rent 
and  lease  the  same. 

Sec.  11.  CHARITIES  AND  CORRECTIONS.— The  city  shall  have 
power  to  establish,  maintain  and  regulate  the  city  prison,  or  city 
prisons,  work  houses,  rock  piles  and  other  means  of  punishment  for 
vagrants,  city  convicts,  and  disorderly  persons,  houses  of  correction 
and  reformatories  for  youthful  criminals,  compulsory  schools  for  chil- 
dren without  parents,  or  vicious  parents,  or  parents  who  wilfully  and 
grossly  neglect  them,  and  such  other  places  of  incarceration  and  re- 
formatory institutions,  and  such  hospitals,  orphanages  and  charitable 
institutions  as  it  may  deem  expedient;  provided,  however,  that  no 
gratuity  that  is  purely  personal,  and  no  pension  shall  ever  be  granted 
to  any  individual,  and  no  money  of  the  city  shall  be  paid  out  except 
for  personal  services  rendered,  and  for  the  other  purposes  specified  or 
authorized  by  this  act. 

Sec.  12.  FINES  FOR  VIOLATION  OF  ORDINANCES.— That  the 
by-laws  and  ordinances  of  the  city  shall  be  enforced  by  a  fine  not  to 
exceed  two  hundred  dollars  ($200.00) ;  provided,  that  no  ordinance  or 
by-law  shall  provide  a  lesser  penalty  than  is  prescribed  for  a  like 
offense  by  the  laws  of  the  State. 

The  City  Council  may  provide  by  ordinance  for  the  commutation 
of  fines  imposed,  by  labor  in  a  work  house  or  on  a  rock  pile,  or  upon 
the  public  streets  and  public  ways  of  the  City  of  Houston,  and  for 
the  collection  of  any  fine  imposed  execution  may  be  enforced  as  other 
execution  issued  in  civil  causes. 

Sec.  13.  CORPORATION  COURT.— There  shall  be  a  court  for  the 
trial  of  misdemeanor  offenses  known  as  the  "Corporation  Court,"  with 
such  powers  and  duties  as  are  defined  and  prescribed  in  an  act  of 


r 


Charter  of  the 


the  Legislature  of  the  State  of  Texas,  and  any  acts  amendatory  thereof, 
entitled,  "An  Act  to  establish  and  create  in  each  of  the  cities,  towns 
and  villages  of  this  State  a  State  Court,  to  be  known  as  the  Corporation 
Court,  in  each  city,  town  or  village,  and  to  prescribe  the  jurisdiction 
and  organization  thereof,  and  to  abolish  municipal  courts";  said  act 
having  been  presented  to  the  Governor  of  Texas  March  15th,  1899,  and 
not  having  been  by  him  disapproved. 

The  magistrate  of  said  court  shall  be  known  as  the  "Judge  of  the 
Corporation  Court,"  who  shall  be  a  qualified  voter,  and  shall  be  ap- 
pointed by  the  Mayor  and  confirmed  by  the  City  Council,  and  shall 
hold  his  office  for  two  years,  unless  sooner  removed  by  the  Mayor 
and  City  Council,  and  shall  receive  such  salary  as  may  be  fixed  by 
ordinance. 

It  shall  be  the  duty  of  the  Mayor,  as  soon  as  practicable  after  the 
passage  of  this  act,  to  nominate  some  suitable  person  to  the  City  Coun- 
cil, to  be  by  it  confirmed,  for  the  position  of  Judge  of  the  Corporation 
Court,  who  shall  discharge  the  duties  of  said  office  under  the  terms 
and  provisions  of  the  State  law  creating  said  court,  and  also  subject 
to  the  provisions  of  this  act. 

There  shall  be  a  clerk  or  clerks  of  said  court,  with  such  deputies 
as  may  be  created  or  provided  by  ordinance  by  the  City  Council,  who 
shall  be  appointed  by  the  Mayor,  and  shall  be  subject  to  removal  at 
any  time  by  the  Mayor  or  City  Council,  and  shall  receive  such  salary 
as  may  be  fixed  by  the  City  Council. 

The  clerk  or  clerks  of  said  court,  and  the  deputies  thereof,  shall 
have  the  power  to  administer  oaths  and  affidavits,  make  certificates, 
affix  the  seal  of  said  court  thereto,  and  generally  to  do  and  perform 
all  things  and  acts  usually,  or  necessary  to  be  performed  by  clerks 
of  courts  in  issuing  process  of  said  courts  and  conducting  the  business 
thereof. 

The  City  Council  may  require  such  clerk,  clerks  or  deputies  created 
by  it  to  perform  such  other  duties,  in  addition  to  the  duties  of  the 
clerk  or  deputy  clerk,  as  may  be  prescribed,  or  may  provide  that  some 
other  persons,  in  addition  to  other  duties,  may  perform  the  duties  of 
a  clerk  or  deputy  clerk,  without  extra  compensation. 

Sec.  14.  SCHOOLS.— THE  CITY  OF  HOUSTON  AN  INDEPEND- 
ENT SCHOOL  DISTRICT.— The  City  of  Houston  shall  constitute  an  in- 
dependent school  district,  subject  to  the  general  school  laws  of  the 
State,  except  where  in  conflict  with  this  act,  and  the  city  shall  have 
authority  to  levy  and  collect  taxes  and  appropriate  funds  for  the  sup- 
port and  maintenance  of  the  public  schools  within  its  limits. 

SCHOOL  TRUSTEES— HOW  APPOINTED,  TERMS  OP  OFFICE, 
ETC. — The  trustees  to  constitute  the  school  board  of  said  city  shall  here- 
after be  appointed  by  the  Mayor,  and  confirmed  by  the  Council,  but 
the  trustees  now  in  office  shall  continue  to  serve  till  the  expiration  of 
their  respective  terms;  and  all  vacancies  caused  by  death,  resignation, 
or  other  cause,  shall  be  filled  by  appointment  in  the  same  manner  for  the 
unexpired  term.  The  regular  term  of  members  of  the  school  board 
shall  be  two  years,  and  the  regular  appointment  of  members  shall  be 
made  at  the  first  meeting  of  the  Council  in  May  of  each  year,  or  as  soon 
thereafter  as  practicable,  and  the  necessry  number  of  trustees  shall 
be  appointed  to  take  the  places  of  those  whose  terms  have  expired. 


City  of  Houston 


RIGHT  OF  MAYOR  TO  VETO  ANY  PECUNIARY  LIABILITY.— No 
order,  resolution,  or  vote  of  the  school  board  by  which  any  pecuniary 
liability  shall  be  incurred,  or  any  funds  expended  or  appropriated, 
shall  become  effective  until  ten  days  after  the  same  is  adopted, 
and  a  certified  copy  thereof  furnished  to  the  Mayor,  and  the  Mayor  may 
at  any  time  during  said  period  veto  the  same  by  filing  his  objections 
thereto  in  writing  with  the  secretary  of  the  school  board,  who  shall 
enter  the  objections  at  large  upon  the  minutes  of  the  board;  said 
order,  resolution  or  vote  shall  become  void,  unless  at  the  next  meeting 
of  the  board  it  shall  again  be  adopted  over  the  veto  by  the  affirma- 
tive votes  of  at  least  five  members,  whose  names  shall  be  entered 
upon  the  minutes  of  the  board. 

CITY  TREASURER  CUSTODIAN  OF  FUNDS.— The  custodian  of 
other  city  funds,  as  provided  by  this  act,  shall  be  the  custodian  of  all 
public  school  funds  upon  the  same  terms  and  conditions  as  other  funds, 
and  his  bond  shall  cover  said  school  funds. 

HOW  FUNDS  ARE  TO  BE  PAID  OUT.— No  school  funds  shall  be 
paid  out  except  upon  pay  rolls  or  warrants  signed  by  the  president  of 
the  school  board  and  the  Mayor  of  the  city,  and  countersigned  by  the 
City  Controller. 

DUTY  OF  SCHOOL  BOARD  TO  MAKE  FINANCIAL  STATEMENTS. 
— It  shall  be  the  duty  of  the  school  board  to  make  such  financial 
statements  or  reports  as  may  be  requested  by  the  Mayor  or  the  City 
Council,  and  the  Mayor  or  Council  may  make  or  cause  to  be  made  all 
such  investigations  as  to  the  expenditures  of  funds  or  the  conduct  of 
the  schools  as  either  may  deem  proper. 

MEMBERS  OF  SCHOOL  BOARD  NOT  TO  RECEIVE  ANY  PAY,  OR 
TO  BE  INTERESTED  IN  ANY  CONTRACT,  OR  TO  BUY  OR  SELL 
ANY  SCHOOL  WARRANTS,  ETC.— No  member  of  the  school  board 
shall  receive  any  compensation  for  his  services  in  anj'  capacity  what- 
ever, nor  be  interested  directly  or  indirectly  in  any  contract  with, 
or  claim  or  demand  of  any  character  against  the  school  board  of 
the  City  of  Houston.  Any  such  contract,  claim,  or  demand  shall  be 
void,  and  any  member  of  said  board  who  shall  become  interested  in 
any  such  contract,  claim  or  demand,  or  shall  buy  or  sell  any  school 
warrants  or  obligations  of  said  board,  and  shall  have  any  interest 
in  any  claims  or  obligations  of  said  school  board,  shall  be  subject  to 
removal  by  the  City  Council. 

Sec.  15.  BURIAL  GROUNDS,  CREMATORIES  AND  CEME- 
TERIES.— The  City  Council  shall  have  power  to  regulate  burial 
grounds,  crematories  and  cemeteries,  and  to  prohibit  burial  within 
the  city  limits  if  deemed  advisable,  or  if  necessary  to  protect  the 
public  health,  and  to  condemn  and  close  burial  grounds  and  cemeteries 
in  the  thickly  settled  portions  or  the  city,  and,  when  demanded  by 
the  public  interest  or  public  health,  to  remove  or  cause  to  be  re- 
moved bodies  interred  in  such  condemned  and  closed  cemeteries  and 
burial  grounds,  and  shall  cause  them  to  be  re-interred  in  a  suitable 
place  to  be  provided  by  the  city,  at  its  expense,  and  whenever  ad- 
visable, the  city  may  condemn  the  land  proposed  to  be  used  for  the  ro- 
interring  of  bodies  in  the  same  manner  as  in  condemnation  suits  of 


Charter  of  the 


railway  companies,  and  use  such  condemned  ground  formerly  used 
for  cemeteries,  for  such  purposes  as  may  best  subserve  the  interests 
of  the  city. 

The  City  Council  shall  have  power  and  authority  to  make  all  needful 
and  necessary  regulations  in  regard  to  butchers  and  persons  selling 
meats,  farm  products,  fish,  vegetables  and  fruit,  and  all  food  stuffs, 
and  to  require  the  same  to  be  inspected  and  condemned  if  not  found 
wholesome,  and  to  provide  penalties  for  violation  thereof. 

The  City  Council  shall  have  the  right  and  power  by  ordinance  to 
provide  that  the  tenant  or  owner  of  any  property  shall  pay  to  the 
city  such  reasonable  charges  for  the  removal  of  night  soil  or  other 
refuse  matter  from  the  closets  of  the  premises  thereof,  and  to  prohibit 
anyone  except  someone  in  the  employ  of  the  city,  or  by  the  city 
authorized  to  do  so,  from  removing  or  carrying  away  the  contents  of 
any  privy,  vault  or  water  closet,  or  any  receptacle  of  human  excrement, 
and  the  city  shall  have  the  right  to  have  inspected  the  premises  of 
all  persons  at  any  time  in  the  interest  of  the  public  health,  and  for 
the  purpose  of  making  said  inspection,  the  officers  or  agents  ol  the 
city  duly  authorized  to  do  so,  shall  have  a  right  to  enter  upon  the 
premises  of  any  person  at  any  hour  during  the  day  time  to  make  said 
inspection.  Whenever  notice  is  given  by  any  officer  or  employe  of 
the  city  inspecting  any  premises  that  said  premises  need  cleaning, 
the  said  night  soil  or  other  refuse  matter  shall  be  removed,  and  the 
owner  or  tenant  of  said  premises  shall  pay  the  city  the  price  pre- 
scribed therefor,  and  failure  to  do  so  shall  subject  said  persons  to  the 
penalties  to  be  prescribed  by  ordinance,  and  said  persons  shall  be  fined, 
upon  conviction  in  the  Corporation  Court,  in  any  sum  not  less  than  one 
dollar  nor  more  than  two  hundred  dollars. 

To  prevent  any  person  from  bringing,  depositing  or  having  within 
the  limits  of  said  city  any  dead  carcasses  or  any  offensive  or  un- 
wholesome oubstances.  or  matters,  and  to  require  the  removal  or  de- 
struction b>  any  person  who  shall  have  placed  upon  or  near  his  premises 
or  elsewhere  any  substance  or  matter,  filth  or  unsound  beef,  pork  or 
fish,  or  hides  and  skins  of  any  kind,  and  on  his  default,  to  authorize 
the  removal  or  destruction  thereof  by  some  officer  or  employe  of  the 
city,  and  to  require  the  owner  of  any  dead  animal  to  remove  same  to 
such  place  as  may  be  designated. 

The  City  Council  shall  also  have  the  power  to  pass  ordinances  au- 
thorizing the  destroying  of  clothing,  bedding,  furniture  and  buildings 
infected  with  the  germs  of  any  infectious  or  dangerous  disease,  when 
in  the  discretion  of  the  City  Council  the  public  health  requires  the 
destruction  of  the  same,  and  may  also  in  the  same  manner  authorize 
the  destruction  or  removal  of  buildings  or  other  objects,  after  the 
same  shall  have  been  declared  a  nuisance  and  to  be  dangerous  to  the 
health  or  lives  of  the  citizens  of  said  city. 

That  said  corporation  of  the  City  of  Houston  is  hereby  given  full 
power  and  authority  to  take  such  steps  to  improve  and  preserve  the 
purity  of  the  water  in  Buffalo  Bayou,  above  the  City  of  Houston,  as 
it  may  think  necessary;  provided,  that  the  power  in  this  section  shall 
not  be  construed  to  give  said  corporation  any  jurisdiction  or  control 
over  said  Bayou  beyond  the  corporate  limits  of  said  city,  except  for 
the  purpose  of  protecting  or  improving  the  water  shed,  i.  e.,  the  water 


City  of  Houston 


supply  of  both  Buffalo  Bayou  and  the  smaller  streams  or  tributaries; 
provided,  further,  that  the  said  corporation  shall  have  the  right  to 
condemn  land,  buildings  and  outhouses  or  closets  when  they  may  deem 
same  necessary  for  the  protection  and  preservation  of  the  purity  of 
the  water  in  said  Bayou,  and  shall  have  such  police  powers  as  to  con- 
trol the  same. 

The  City  Council  shall  also  have  power  to  require  any  persons  or 
corporations  owning  or  operating  manufacturing  enterprises  within 
or  without  the  city,  which  discharges  refuse  matter  into  Buffalo  or 
White  Oak  Bayous,  or  the  tributaries  of  either,  to  make  other  pro- 
vision for  such  refuse  matter,  or  so  purify  the  same  as  that  the  public 
health  will  be  fully  protected. 

Sec.  16.  PEACE  AND  GOOD  ORDER.— The  City  of  Houston  shall 
have  power  by  ordinance  duly  passed  to  establish  and  maintain  the  city 
Police  Department,  prescribe  the  duties  of  policemen  and  regulate 
their  conduct. 

To  permit,  forbid  or  regulate  theatres,  balls,  dance  houses  and 
other  public  amusements,  and  to  suppress  the  same  whenever  the  pres- 
ervation of  order,  tranquility,  public  safety  or  good  morals  may  de- 
mand. 

To  regulate  dram  shops,  drinking  saloons  and  other  places  where 
intoxicating  liquors  are  sold,  and  to  close  variety  theatres  when  neces- 
sary, expedient  or  advisable. 

To  prohibit  and  punish  keepers  and  inmates  of  bawdy  houses  and 
variety  shows;  to  prevent  and  suppress  assignation  houses  and  houses 
of  ill  fame,  and  to  regulate,  colonize  and  segregate  the  same,  and  to 
determine  such  inmates  and  keepers  to  be  vagrants,  and  provide  for 
the  punishment  of  such  persons. 

To  inspect  weights  and  measures,  fix  standards  of  weights  and 
measures,  and  to  fix  penalties  for  not  using  or  conforming  to  the 
same,  and  to  provide  that  inspection  fees  may  be  fixed  by  ordinance. 

To  make  all  needful  and  proper  regulations  concerning  keepers  of 
taverns  and  grog  shops  and  other  public  houses,  draymen,  horse  dri- 
vers, water  carriers,  omnibus  drivers,  hack  drivers  and  drivers  of 
baggage  wagons,  and  other  A^ehicles,  and  especially  to  pi-eserve  order 
and  prevent  noise  and  confusion  in  and  about  the  several  depots  on 
the  arrival  and  departure  of  railway  trains,  and  to  provide  how  and 
where  hacks  or  other  carriers  shall  stand  or  take  their  position  upon 
the  streets  adjacent  or  near  to  said  depots. 

To  prevent  extortion  by  carriers  of  passengers  or  baggage,  hack, 
drays  and  public  conveyances,  by  establishing  maximum  rates  of 
charges  and  providing  penalties  for  violation  thereof. 

To  provide  and  fix  by  ordinance  public  stands  where  hacks  and 
<irays,  baggage  wagons  or  other  public  carriers  shall  stand  on  the 
streets  of  said  city  for  the  purpose  of  soliciting  business,  and  to 
prescribe  that  they  shall  not  stand,  except  when  receiving  or  dis- 
charging passengers  or  freight  at  any  points  other  than  those  desig- 
nated in  the  ordinance  as  public  stands. 

To  suppress  gambling  houses,  and  to  punish  keepers  of  gambling 


10  Charter  of  the 


houses  and  pool  sellers,  and  all  persons  who  play  cards  or  games 
of  chance  of  any  kind,  and  to  punish  persons  who  sell  lottery  tickets 
or  who  advertise  lottery  drawings  or  schemes  and  results  of  drawings 
or  lotteries. 

To  provide  for  the  regulation  of  bakers  and  to  prescribe  the  weight, 
quality  and  price  for  bread  manufactured  or  sold  in  the  City  of 
Houston,  according  to  the  price  of  the  material  or  otherwise,  and 
to  provide  for  the  inspection  of  milch  cattle,  whether  kept  within 
the  city  or  without  the  city  limits,  from  which  milk  is  sold  within 
the  city,  and  to  provide  for  the  inspection  of  the  milk  offered  for 
sale,  and  to  prescribe  the  fees  to  be  charged  therefor. 

To  establish  and  regulate  public  pounds  and  to  regulate  and  restrain 
and  prohibit  the  running  at  large  of  horses,  mules,  cattle,  sheep,  swine, 
goats,  geese  and  pigeons,  and  to  authorize  the  distraining,  impound- 
ing and  sale  of  the  same  for  the  cost  of  the  proceedings  and  the 
penalty  incurred,  and  to  order  their  destruction  when  they  cannot 
be  sold,  and  to  impose  penalties  upon  the  owners  thereof  for  the 
violation  of  any  ordinances  regulating  or  prohibiting  the  same. 

To  tax,  regulate,  restrain  and  prohibit  the  running  at  large  of  dogs, 
and  authorize  their  destruction  when  at  large  contrary  to  ordinance, 
and  to  impose  penalties  on  the  owners  or  keepers  thereof. 

To  prohibit  and  restrain  or  regulate  the  rolling  of  hoops;  the  flying 
of  kites  and  firing  of  fire  crackers;  the  use  of  velocipedes  and  bicycles, 
and  the  use  of  any  pyrotechnic  or  any  other  amusement  or  practices 
tending  to  annoy  persons  passing  in  the  streets  or  sidewalks  or  to 
frighten  horses  and  teams. 

To  restrain  and  prohibit  the  ringing  of  bells  or  blowing  of  horns, 
bugles  and  whistles,  crying  of  goods,  and  all  other  noises,  practices 
and  performances  tending  to  the  collection  of  persons  in  the  streets 
or  sidewalks  by  auctioneers  and  others  for  the  purpose  of  business, 
amusement  or  otherwise. 

To  prohibit  mendicants,  beggars  or  persons  of  infirm  or  maimed 
bodies,  or  suffering  with  diseases  of  any  kind  from  soliciting  alms, 
help  or  assistance  upon  the  streets  or  sidewalks  of  said  city,  and 
to  prescribe  a  penalty  by  fine  for  a  non-observance  thereof. 

To  prohibit  and  regulate  the  ringing  of  bells  and  blowing  of  whistles 
of  railroad  engines  or  locomotives  within  the  city  limits,  and  to  regu- 
late the  speed  thereof. 

To  regulate  and  control  the  driving  of  cattle,  horses  and  all  other 
animals  into  or  through  the  city. 

To  prevent  all  trespasses  and  breaches  of  the  peace  and  good  order, 
assault  and  batteries,  fighting,  quarreling,  using  abusive,  profane  and 
insulting  language,  misdemeanors  and  all  disorderly  conduct  and  pun- 
ish all  persons  thus  offending. 

To  prevent  and  punish  the  keepers  of  houses  in  which  loud  or  im- 
moral theatrical  representations  are  given,  and  to  adopt  summary 
measures  for  the  removal  or  suppression  of  all  such  establishments. 

The  City  Council  shall  have  power  to  require,  on  due  notice,  all 
steam    or    street    railway   companies   owning   tracks    within   the    city 


City  of  Houston  11 


limits,  upon  the  public  streets  or  highways  of  said  city,  which  may 
have  been  or  may  hereafter  be  abandoned  by  said  companies  by  non- 
use,  to  remove  such  tracks  and  to  restore  at  their  own  expense  the 
street  or  way  upon  which  such  abandoned  track  is  located  to  the 
proper  grade. 

To  prohibit,  prevent  and  suppress  horse  racing,  immoderate  riding 
and  driving  in  the  streets  of  said  city. 

To  regulate  the  use  of  automobiles  and  the  speed  thereof. 

To  prohibit  and  punish  the  abusers  of  animals. 

To  com.pel  persons  to  fasten  their  horses  or  other  animals  attached 
to  vehicles  or  otherwise  hitched  or  standing  in  the  streets. 

To  restrain  and  punish  vagrants,  mendicants,  beggars  and  prosti- 
tutes. 

To  regulate  and  control  the  sale,  gift,  barter  or  exchange  of  cocaine, 
opium,  morphine,  and  the  salts  thereof. 

Sec.  17.  FRANCHISES. — The  right  of  control,  easement,  user  and 
the  ownership  of  and  title  to  the  streets,  highways,  public  thorough- 
fares and  property  of  the  City  of  Houston,  its  avenues,  parks,  bridges, 
and  all  other  public  places  and  property  are  hereby  declared  to  be 
inalienable,  except  by  ordinance  duly  passed  by  a  majority  of  all 
the  members  of  the  City  Council  and  approved  by  the  Mayor;  and  no 
grant  of  any  franchise,  or  lease,  or  right  to  use  the  same,  either  on, 
along,  through,  across,  under  or  over  the  same  by  any  private  cor- 
poration, association  or  individual,  shall  be  granted  by  the  City  Coun- 
cil, unless  submitted  to  the  vote  of  the  legally  qualified  voters  of 
said  city,  for  a  longer  period  than  thirty  years;  provided,  however, 
that  whenever  application  is  made  for  any  grant  of  franchise,  lease, 
right  or  privilege  in  or  to  the  streets  and  public  thoroughfares  of 
the  City  of  Houston  by  any  person  or  corporation,  if  they  so  request, 
the  Council  shall  submit  the  same  at  an  election  called  for  said 
purpose,  the  expense  of  which  shall  be  borne  by  the  applicant  for 
said  franchise,  and  at  said  election,  if  the  majority  of  the  votes  cast 
by  the  legally  qualified  voters  shall  be  in  favor  of  making  said  grant 
as  applied  for,  said  grant  may  be  made  for  such  a  term  of  years  as 
is  specified  in  the  ordinance  submitting  the  same  at  said  election; 
provided,  however,  that  no  grant  shall  be  made  or  authorized  for  a 
longer  perior  than  fifty  years. 

The  City  Council  may  also,  upon  its  own  motion,  submit  all  ap- 
plications or  ordinances  requesting  the  granting  of  franchises  or  spe- 
cial privileges  in  or  to  the  streets,  public  thoroughfares  and  high- 
ways of  the  City  of  Houston,  to  an  election,  at  which  the  people  shall 
vote  upon  the  propositions  therein  submitted;  the  expense  of  which 
election  shall  be  paid  by  the  applicant,  or  applicants,  therefor.  No 
such  franchise  shall  ever  be  granted  until  it  has  been  read  in  full 
at  three  regular  meetings  of  the  Council,  nor  shall  any  such  fran- 
chise, grant,  right  or  easement  ever  be  made  to  any  private  individual, 
corporation  or  association,  unless  it  provides  for  adequate  compen- 
sation or  consideration  therefor,  to  be  paid  to  the  City  of  Houston, 
and  in  addition  to  any  other  form  of  compensation,  grantee  shall 
pay  annually  such  a  fixed  charge  as  may  be  prescribed  in  the  fran- 


12  Charter  of  the 


chise.  Such  grant  under  and  any  contract  in  pursuance  thereof  shall 
provide  that  upon  the  termination  of  the  grant,  the  grant,  as  well  as 
the  property,  if  any,  of  the  grantee,  in  the  streets,  avenues  and  other 
public  places,  shall  thereupon,  without  other  or  further  compensa- 
tion to  the  grantee,  or  upon  the  payment  of  a  fair  valuation  there- 
for (the  mode  of  ascertaining  which  shall  be  determined  in  the  grant), 
be  and  become  the  property  of  the  City  of  Houston,  and  the  grantee 
shall  never  be  entitled  to  any  payment  or  valuation  because  of  any 
value  derived  from  the  franchise  or  the  fact  that  it  is  or  may  be  a 
going  concern,  duly  installed  and  operated. 

Every  such  grant  shall  make  adequate  provision  by  way  of  for- 
feiture of  the  grant,  or  otherwise,  to  secure  efficiency  of  public  service 
at  reasonable  rates,  and  to  maintain  the  property  in  good  order 
throughout  the  life  of  the  grant. 

The  City  Council  may  also  inspect  and  examine,  or  cause  to  be 
inspected  and  examined  at  all  reasonable  hours,  any  books  of  account 
of  such  grantee,  which  books  of  account  shall  be  kept  and  such  re- 
ports made  in  accordance  with  the  forms  and  methods  prescribed  by 
the  City  Council,  which,  as  far  as  practicable,  shall  be  uniform  for 
all  such  grantees. 

Sec.  18.  REFERENDUM.— Whenever  application  is  made  to  the 
City  Council  of  the  City  of  Houston  for  any  such  grant  or  franchise, 
lease  or  right  to  use  the  streets,  public  highways,  thoroughfares  or 
public  property  of  the  City  of  Houston,  as  is  provided  for  in  the 
preceding  section  of  this  act,  or  whenever  an  ordinance  is  introduced 
in  the  City  Council  proposing  to  make  the  grant  of  any  franchise,  lease 
or  right  to  use  the  public  highways,  streets,  thoroughfares  and  pub- 
lic property  of  the  City  of  Houston,  publication  of  said  ordinance  of 
such  proposed  grant  or  right  to  use  the  streets,  public  thoroughfares 
and  highways  of  said  city  shall  be  made  by  publishing  the  ordinance 
as  finally  proposed  to  be  passed,  which  shall  not  thereafter  be  changed, 
unless  again  republished,  setting  forth  in  detail  all  the  rights,  pow- 
ers and  privileges  granted  or  proposed  to  be  granted,  in  some  daily 
newspaper  published  in  the  City  of  Houston,  once  a  week  for  three 
consecutive  weeks,  which  publication  shall  be  made  at  the  expense 
of  the  applicant  or  the  person  or  persons  desiring  said  grant,  and  no 
such  grant  shall  be  made,  or  ordinance  passed,  until  after  publica- 
tion in  the  manner  aforesaid,  nor  shall  any  such  ordinance  confirm- 
ing or  making  any  such  grant,  lease  or  right  to  use  the  streets, 
public  highways  and  thoroughfares  of  the  City  of  Houston  take  effect 
or  become  a  law  or  contract,  or  vest  any  right  in  the  applicants  there- 
for, until  after  the  expiration  of  thirty  days  after  said  ordinance  has 
been  duly  passed  by  the  City  Council  and  been  approved  by  the  Mayor. 

Pending  the  passage  of  any  such  ordinance  or  during  the  time  in- 
tervening between  its  final  passage  and  approval  by  the  Mayor,  and 
the  expiration  of  the  thirty  days  before  which  time  it  shall  not  take 
effect,  it  is  hereby  made  the  duty  of  the  City  Council  to  order  an 
election,  if  requested  so  to  do  by  written  petition  signed  by  at  least 
five  hundred  legally  qualified  voters  of  said  city,  at  which  election 
the  legally  qualified  voters  of  said  city  shall  vote  for  or  against  the 
proposed  grant  as  set  forth  in  detail  by  the  ordinance  conferring  the 
rights  and  privileges  upon  the  applicants  therefor,  which  said  ordi- 


City  of  Houston  13 


nance  shall  be  published  at  length  and  in  full  in  the  call  for  said 
election  made  by  the  Mayor,  and  if  at  said  election  the  majority 
of  the  votes  cast  shall  be  for  said  ordinance  and  the  making  of  said 
proposed  grant,  the  same  shall  thereupon  become  effective;  but  if  a 
majority  of  the  votes  cast  at  said  election  so  held  shall  be  against  the 
passage  of  said  ordinance  and  the  making  of  said  grant,  said  ordi- 
nance shall  not  pass,  nor  shall  it  confer  any  rights,  powers  or  priv- 
ileges of  any  kind  whatever  upon  the  applicants  therefor,  and  it  shall 
be  the  duty  of  the  City  Council,  after  canvassing  the  vote  of  said  elec- 
tion to  pass  an  ordinance  repealing  the  ordinance  which  has  been 
by  it  passed,  if  the  same  has  been  passed. 

No  grant  of  franchise,  or  lease  or  right  of  user,  in,  upon,  along, 
through,  under  or  over  the  public  streets,  highways  or  public  thorough- 
fares of  the  City  of  Houston  shall  be  made  or  given,  nor  shall  any 
rights  of  any  kind  whatever  be  conferred  upon  any  person,  private 
corporation,  individual  or  association  of  any  kind  whatever,  except 
the  same  be  made  by  ordinance  duly  passed  by  the  City  Council,  nor 
shall  any  extension  or  enlargement  of  any  rights  or  powers  previously 
granted  to  any  corporation,  person  or  association  of  persons,  in,  upon, 
along,  through,  under  or  over  the  streets  of  the  City  of  Houston  be 
made,  except  in  the  manner  and  subject  to  all  of  the  conditions  herein 
provided  for  in  this  act  for  the  making  of  original  grants  and  fran- 
chises; provided,  however,  that  the  provisions  of  this  section  shall 
not  apply  to  the  granting  of  sidetrack  or  switch  privileges  to  rail- 
way companies  for  the  purpose  of  reaching,  and  affording  railway 
connection  and  switch  privileges  to  the  owners  or  users  of  any  indus- 
trial plants;  it  being  the  intention  to  permit  the  City  Council  to  grant 
such  rights  or  privileges  to  railway  companies  whenever  in  their  judg- 
ment the  same  Is  expedient,  necessary  or  advisable. 

Sec.  19.  CONTRACTS  FOR  SERVICES.— No  contract  shall  ever 
be  made  which  binds  the  city  to  pay  for  personal  services  to  be  ren- 
dered for  any  stated  period  of  time;  but  all  contracts  involving  a  per- 
sonal service  shall  be  restricted  to  the  doing  of  some  particular  act 
or  thing,  and  upon  its  completion  no  further  liability  shall  exist  on 
the  part  of  the  city. 

Nor  shall  the  City  of  Houston  or  any  one  acting  for  it  make  any 
contract  for  supplies  for  the  current  use  of  any  department  of  the 
municipality  for  a  longer  period  than. ninety  days,  and  so  far  as  prac- 
ticable, all  supplies  purchased  for  the  use  of  any  or  all  of  the  depart- 
ments of  said  city  shall  be  made  or  let  upon  competing  prices  there- 
for. 

No  contract  shall  be  entered  Into  until  after  an  appropriation  has 
been  made  therefor,  nor  In  excess  of  the  amount  appropriated,  and 
all  contracts,  whenever  practicable,  shall  be  made  upon  specifications, 
and  no  contract  shall  be  binding  upon  the  city  unless  it  has  been 
signed  by  the  Mayor  and  countersigned  by  the  Controller,  and  the 
expense  thereof  charged  to  the  proper  appropriation,  and  whenever  the 
contract  charged  to  any  appropriation  equals  the  amount  of  said  ap- 
propriation, no  further  contracts  shall  be  countersigned  by  the  Con- 
troller. 

All  contracts,  of  whatever  character,  pertaining  to  public  Improve- 
ment, or  the  maintenance  of  public  property  of  said  city,  involving 


14  Charter  of  the 


an  outlay  of  as  much  as  one  thousand  dollars  ($1,000.00)  shall  be 
based  upon  specifications  to  be  prepared  and  submitted  to  and  ap- 
proved by  the  Mayor  and  City  Council,  and  after  approval  by  the 
Mayor  and  City  Council,  advertisement  for  the  proposed  work,  or  mat- 
ters embraced  in  said  proposed  contract,  shall  be  made,  inviting  com- 
petitive bids  for  the  work  proposed  to  be  done;  which  said  adver- 
tisement shall  be  put  in  a  daily  newspaper  not  less  than  ten  times. 
All  bids  submitted  shall  be  sealed,  shall  be  opened  by  the  Mayor  in 
the  presence  of  a  majority  of  the  aldermen,  and  shall  remain  on  file 
in  the  Mayor's  ofllice  and  be  opened  to  public  inspection  for  at  least 
forty-eight  hours  before  any  award  of  said  work  is  made  to  any 
competitive  bidder.  The  Council  shall  determine  the  most  advan- 
tageous bid  for  the  city,  and  shall  enter  into  contract  with  the  party 
submitting  the  lowest  secure  bid,  but  shall  always,  in  every  adver- 
tisement of  public  work  or  contract  involving  as  much  as  one  thou- 
sand dollars  ($1,000.00),  reserve  the  right  to  reject  any  and  all  bids. 
Pending  the  advertisement  of  the  work  or  contract  proposed,  specifi- 
cations therefor  shall  be  on  file  in  the  office  of  the  Mayor,  subject  to 
the  inspection  of  all  parties  desiring  to  bid. 


ARTICLE  III. 

Section  1.  TAXATION. — The  City  Council  shall  have  power,  and 
It  is  hereby  authorized  to  levy  annually  for  general  purposes  and  for 
the  purpose  of  paying  the  interest  and  providing  the  sinking  fund  on 
the  outstanding  bonded  indebtedness  of  the  City  of  Houston,  and  for 
paying  the  interest  and  making  provision  for  the  sinking  fund  on 
such  future  bond  issues  as  may  be  authorized  an  ad  valorem  tax  on 
all  real,  personal  and  mixed  property  within  the  territorial  limits  of 
said  city,  and  upon  all  franchises  granted  by  the  city  to  any  individuals 
or  corporations,  of  not  exceeding  a  total  tax  of  two  dollars  on  the 
one  hundred  dollars  appraised  valuation  of  said  property,  except 
that  an  additional  tax  of  not  exceeding  twenty-five  cents  on  the  one  hun- 
dred dollars  valuation  may  be  levied  on  property  in  improvement  dis- 
tricts for  sidewalk  improvements,  if  authorized  as  hereinafter  provided 
in  Section  16,  Article  IX;  provided,  however,  that  public  property  used 
for  public  purposes;  actual  places  of  religious  worship;  places  of 
burial  not  held  for  private  or  corporate  profit;  all  buildings  used 
exclusively  and  owned  by  persons  or  associations  of  persons  for  school 
purposes  (and  the  necessary  furniture  of  all  schools)  and  institu- 
tions of  purely  public  charity,  are  hereby  declared  to  be  exempt  from 
taxation;  and  provided  further,  that  two  hundred  and  fifty  dollars 
($250.00)  worth  of  household  and  kitchen  furniture  belonging  to  each 
family  in  said  city  shall  likewise  be  exempt  from  taxation. 

The  City  Council  may  also  continue  annually  to  levy  and  provide 
separately  or  jointly  in  the  tax  levying  ordinance,  for  the  assessment 
and  collection  of  so  much  of  the  special  tax  provided  by  ordinance 
passed  by  the  City  Council  of  said  city  on  the  second  day  of  June, 
A.  D.  1888,  as  may  be  necessary  to  pay  the  interest  on  and  create  a 
sinking  fund  of  not  less  than  two  per  cent,  of  the  indebtedness  men- 
tioned in  said  ordinance,  but  the  gross  total  of  all  the  taxes  levied 
for  all  purposes  by  said  City  Council  for  any  one  year  shall  not 
exceed  two  per  cent,  of  the  appraised  valuation  "of  all  property,  real, 


City  of  Houston  15 


personal  and  mixed,  in  said  city;  provided,  however,  that  the  Council 
may  levy  a  special  tax  in  any  improvement  district,  if  any,  and  shall 
if  authorized  of  not  exceeding  twenty-five  cents  on  the  one  hundred  dol- 
lars valuation  for  sidewalk  improvements. 

And  if  for  any  cause  the  City  Council  shall  fail  or  neglect  to  pass 
a  tax  ordinance  for  any  one  year,  levying  taxes  for  that  year,  then, 
in  that  event,  the  tax  levying  ordinance  last  passed  shall  and  will 
be  considered  in  force  and  effect  as  the  tax  levying  ordinance  for  the 
year  for  which  the  City  Council  failed  to  pass  a  tax  levying  ordinance, 
and  the  failure  so  to  pass  such  ordinance  for  any  one  year  shall  in 
no  wise  invalidate  the  collection  of  the  tax  for  that  year. 

The  City  Council  may  also  determine  and  provide  when  taxes  shall 
be  due  and  payable  by  corporations  or  individual  corporators,  and 
all  persons  owning  property,  and  prescribe  penalties  for  the  non-pay- 
ment of  taxes  upon  the  expiration  of  the  time  fixed  by  the  City  Council 
declaring  when  the  same  shall  be  paid. 

The  City  Council  may  also  levy,  assess  and  collect  from  each  male- 
citizen  of  the  city,  over  the  age  of  twenty-one  and  under  the  age  of 
sixty  years,  an  annual  poll  tax  of  one  dollar  ($1.00);  provided,  how- 
ever, that  all  persons  exempt  from  the  payment  of  the  State  poll  tax 
under  the  general  laws  of  the  State,  or  by  virtue  of  the  Constitution, 
shall  be  exempt  from  the  payment  of  the  city  poll  tax. 

Sec.  2.  All  real,  personal  and  mixed  property  held,  owned  or  situ- 
ated in  the  City  of  Houston  shall  be  liable  for  all  taxes  due  by  the 
owners  thereof,  including  taxes  on  real  estate,  franchises,  personal 
and  mixed  property,  and  poll  taxes. 

All  personal  property  may  be  levied  upon,  seized  and  sold  by  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  as  may  be  desig- 
nated by  the  City  Council,  for  any  taxes  that  may  be  due  by  the  own- 
er thereof,  without  further  warrant  of  authority  than  the  produc- 
tion of  his  tax  roll,  which  sale  when  made  shall  convey  a  prima  facie 
title  to  the  purchaser  thereof;  or  the  amount  of  the  tax  due  by  any 
person  upon  any  species  of  property  may  be  sued  for  in  any  court 
having  jurisdiction,  and  a  personal  judgment  may  be  recovered  against 
any  delinquent  taxpayer  or  against  any  person  to  whom  personal 
property  on  which  the  city  tax  is  due  has  been  sold,  or  who  owns, 
holds  or  claims  possession  of  said  personal  property. 

Sec.  3.  The  tax  levied  by  the  city  is  hereby  declared  to  be  a  lien, 
charge  and  encumbrance  on  the  property  for  which  the  tax  is  due, 
which  lien,  charge  and  encumbrance  the  city  is  entitled  to  enforce 
and  foreclose  in  a,ny  court  having  jurisdiction  over  the  same,  and 
the  lien,  charge  and  encumbrance  on  the  property  in  favor  of  the 
city  for  the  amount  of  the  taxes  due  on  such  property  is  such  as  to 
give  the  State  courts  jurisdiction  to  enforce  and  foreclose  said  lien 
on  the  property  on  which  the  tax  is  due,  not  only  as  against  any  resi- 
dent of  this  State,  or  person  whose  residence  is  unknown,  but  also 
against  the  unknown  heirs  of  any  person  who  owns  the  property 
on  which  the  tax  is  due,  and  against  non-residents. 

All  taxes  upon  real  estate  shall  especially  be  a  lien  and  a  charge 


16  Charter  of  the 


upon  the  property  upon  which  the  taxes  are  due,  which  lien  may 
be  foreclosed  and  the  tax  collected  by  suit  in  any  court  having  juris- 
diction. 

Sec.  4.  It  shall  be  the  duty  of  every  person  owning  or  holding  prop- 
erty in  the  City  of  Houston  to  render  under  oath  to  the  Assessor  and 
Collector  of  Taxes,  or  such  other  officer  as  may  be  provided  for  by 
ordinance,  at  his  oflBce  in  said  city  annually,  within  the  time  pre- 
scribed by  the  ordinances  of  said  city,  a  full  and  complete  inventory 
of  all  property  so  owned  or  held  by  him,  whether  real,  personal  or 
mixed,  and  to  take  and  subscribe  to  an  oath  to  the  correctness  of 
such  inventory,  which  oath  may  be  administered  by  the  Assessor  and 
Collector,  or  such  other  officer  as  aforesaid,  acting  in  person  or  by  dep- 
uty. All  property,  real,  personal  or  mixed,  except  such  as  is  herein  ex- 
pressly exempted,  is  subject  to  taxation,  and  the  same  shall  be  rendered 
and  listed  in  the  manner  prescribed  by  the  general  laws  of  the  State 
in  regard  to  general  taxation  when  applicable,  unless  provision  is 
otherwise  specially  made  therefor  herein. 

The  definition  of  property  and  terms  as  defined  by  the  general  laws 
of  the  State  under  the  head  of  taxation  shall  apply  to  the  taxation  of 
this  city,  and  all  property  subject  to  taxation  as  prescribed  by  the 
general  laws  of  this  State,  except  as  herein  specially  exempted,  shall 
be  subject  to  taxation  by  the  City  of  Houston. 

Sec.  5.  The  City  Council  shall  have  full  power  to,  and  may  by  ordi- 
nance, provide  for  the  prompt  collection  of  all  taxes  levied,  assessed 
and  due,  or  becoming  due  to  said  city,  and  to  prescribe  where  prop- 
erty shall  be  assessed  or  rendered  for  taxes,  and  when  the  taxes 
thereon  shall  become  due  and  payable,  and  to  that  end  may  and 
shall  make  such  provisions  as  are  necessary  covering  the  levying, 
laying,  imposing,  assessing  and  collecting  of  any  of  said  taxes,  and 
to  regulate  the  method  and  manner  of  making  out  tax  lists  and  in- 
ventories, and  the  appraisement  of  property  thereon,  and  to  prescribe 
an  oath  that  shall  be  administered  to  each  person,  on  such  rendition 
of  the  property  and  to  fix  the  duties  and  define  the  power  of  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  or  person  as  may 
be  designated  therefor  by  the  City  Council. 

All  taxes  shall  be  payable  at  the  office  of  the  Assessor  and  Collector, 
or  such  other  officer  as  the  City  Council  may  prescribe,  and  no  de- 
mand for  payment  thereof  shall  be  requisite  or  necessary  to  enforce 
the  collection  thereof  by  any  of  the  proceedings  herein  prescribed, 
nor  for  the  collection  of  any  taxes  due  before  the  passage  of  this  act. 

All  property  which  the  owner  thereof  may  fail  or  refuse  to  inventory, 
render  and  assess,  or  which  the  owner  thereof  may  have  failed  or 
refused  to  inventory,  assess  and  render  for  years  prior  to  the  pass- 
age of  this  act,  shall  be  by  the  Assessor  and  Collector  of  Taxes, 
or  such  other  officer  designated  by  the  City  Council,  inventoried,  as- 
sessed and  rendered  for  taxes  for  the  year  or  years  for  which  the 
same  was  not  so  rendered,  inventoried  or  assessed  by  the  owner  thereof, 
and  the  Assessor  and  Collector,  or  such  other  officer  designated  by 
the  City  Council,  shall  have  the  right,  and  it  shall  be  his  duty  at 
any  time  to  revise,  correct  and  reassess,  and  properly  describe  any 
property   incorrectly   rendered   or  assessed,   or   imperfectly   described. 


City  of  Houston  17 


for  any  year,  without  the  necessity  of  giving  notice  to  the  owner 
thereof,  provided,  however,  that  the  valuation  as  fixed  by  the  Board 
of  Appraisers  shall  not  be  changed,  and  such  inventory  and  assess- 
ment when  revised  or  corrected  so  made  shall  be  as  valid  and  effective 
as  if  on  the  assessment  sheets  or  tax  rolls,  and  as  if  regularly  and 
duly  rendered  and  assessed  by  the  owner  thereof  for  the  year  for 
which  rendered,  assessed  and  inventoried  as  above  provided  by  the 
Assessor  and  Collector  of  Taxes,  or  such  other  officer  as  may  be 
designated  by  the  City  Council,  and  said  tax  rolls  and  assessment 
sheets  shall  be  prima  facie  evidence  that  said  property  was  regularly 
and  duly  rendered,  inventoried  and  assessed  and  properly  described 
in  all  respects  as  if  done  duly  and  regularly  by  the  owner  in  the 
first  instance;  provided,  however,  that  if  such  assessment  sheets  or 
tax  rolls  are  vague  or  indefinite,  the  City  of  Houston  may  show  by 
evidence  other  than  the  assessment  rolls  and  tax  rolls  where  the 
property  is  located,  and  on  what  property  the  tax  is  due;  who  owns 
the  property,  and  that  the  taxes  on  the  same  are  due  and  unpaid,  and 
shall  enforce  and  foreclose  the  tax  lien  on  such  property,  as  herein 
provided. 


Sec.  6.  That  all  ad  valorem  taxes  due  or  becoming  due  upon  real, 
personal  and  mixed  property,  and  upon  franchises  granted  by  the 
City  of  Houston  to  individuals  or  corporations,  and  all  license  taxes 
and  occupation  taxes,  and  all  fines,  forfeitures,  penalties  and  other 
dues  or  taxes  accruing  to  the  City  of  Houston  shall  be  collectible 
and  payable  only  in  current  money  or  current  funds  of  the  United 
States. 

Sec.  7.  That  the  City  Council  shall  have  the  power  to  assess, 
license  and  tax  hawkers,  peddlers,  auctioneers,  theatrical  and  other 
exhibitions,  shows  and  amusements,  circuses,  billiard  tables,  nine  and 
ten  pin  alleys;  alleys  with  any  number  of  pins,  public  drays,  wagons, 
omnibuses,  carriages  and  automobiles,  grog  shops  and  dram  shops,  beer 
saloons,  whether  for  the  sale  of  domestic  intoxicants  or  otherwise, 
and  such  other  trades  or  occupations  not  specifically  mentioned  here- 
in, as  are,  or  may  be,  taxed  or  licensed  by  the  laws  of  this  State,  but 
no  assessment  or  license  tax  levied  under  this  section  shall  exceed 
one-half  of  the  amount  levied  by  the  Sf^te  for  the  same  period  on 
such  trade,  profession  or  occupation,  and  the  same  may  be  regulated, 
levied  and  collected  in  the  same  manner  as  said  taxes  are  regulated 
and  collected  by  the  State  of  Texas. 

That  all  license  taxes  or  occupation  taxes  shall  be  paid  to  the  As- 
sessor and  Collector  of  Taxes,  or  other  officer  designated  therefor  by 
the  City  Council,  by  each  and  every  person  or  firm  engaging  in  any 
trade,  profession,  business,  calling,  avocation  or  occupation,  before 
engaging  therein,  and  shall  take  his  receipt  therefor,  which  receipt 
shall  be  esteemed  lawful  license  for  the  pursuit  of  the  occupation  in- 
dicated, and  if  any  person  shall  engage  in  any  business,  calling, 
avocation  or  occupation,  trade  or  profession,  which  by  ordinance  of 
said  city  is  subject  to  a  license  or  occupation  tax,  without  first  hav- 
ing obtained  said  license  or  occupation  tax,  he,  she  or  they  shall  be 
liable  to  arrest,  imprisonment  and  a  fine  to  be  fixed  by  ordinance 
for  each  and  every  day  such  violation  of  said  ordinance  may  continue. 


18  Charter  of  the 


and  each  day  shall  constitute  a  sepai'ate  offense,  and  this  section  shall 
apply  to  all  persons  owing  license  and  failing  to  pay  the  same,  and 
the  City  Council  may  make  such  further  regulations  as  it  deems  neces- 
sary to  enforce  this  provision  and  punish  persons  violating  the  same. 

Sec.  8.  All  taxes  due  by  property  owners  on  any  and  all  property 
for  the  year  1875,  up  to  and  including  the  year  1904,  and  for  all  years 
intervening,  and  for  all  years  thereafter,  until  otherwise  provided 
by  charter,  as  appears  upon  the  tax  rolls  of  said  city,  may  be  col- 
lected by  suit  from  delinquents  and  foreclosure  of  the  lien  thereon 
may  be  had  in  any  court  having  jurisdiction  of  the  same,  and  any  per- 
son who  shall  purchase  or  shall  have  purchased  property  encumbered 
with  a  lien  for  taxes,  or  upon  which  taxes  are  due,  shall  be  deemed 
as  to  such  taxes  a  delinquent  taxpayer,  and  such  purchaser  takes 
the  property  charged  with  the  lien,  and  he  cannot  interpose  any  de- 
fense which  his  vendor  might  not  have  interposed  had  he  continued 
to  be  the  owner,  except  that  no  personal  judgment  shall  be  rendered  for 
same  against  said  purchaser;  provided,  however,  that  any  delinquent 
taxpayer  shall  have  the  right  to  plead  in  any  court  and  to  rely  as  a  de- 
fense upon  the  statute  of  limitation  of  four  years  in  any  suit  brought 
for  taxes  alleged  to  be  due  the  City  of  Houston,  and  in  no  case  wherein 
such  limitation  is  plead  and  the  taxes  sued  for,  or  any  part  thereof, 
are  shown  to  have  been  due  and  payable  for  four  years  or  more 
before  said  suit  was  instituted,  shall  judgment  be  rendered  for  such 
taxes  so  shown  to  have  been  due  for  more  than  four  years;  provided 
further,  however,  that  the  defense  of  limitation  shall  not  apply 
to  any  suit  which  may  within  one  year  after  the  passage  of  this  act 
be  instituted  by  the  City  of  Houston  for  the  collection  of  any  taxes 
due  for  any  year  from  1875  up  to  and  including  the  year  1901,  nor 
shall  it  apply  in  any  case  wherein  the  sale  of  any  property  delinquent 
for  taxes  has  been  made  under  the  provisions  of  this  act,  nor  if  such 
sales  shall  be  made  within  one  year  after  this  act  takes  effect. 

It  shall  be  the  duty  of  the  City  of  Houston,  within  one  year  after 
this  act  goes  into  effect,  to  cause  suit  to  be  filed  for  the  collection  of 
all  back  taxes  which  have  accrued  to  said  city  and  are  due  and  un- 
paid for  the  year  1875,  and  for  each  and  every  year,  or  any  and  all 
years  intervening,  up  to  an4  inclusive  of  the  year  1901,  and  after  the 
expiration  of  one  year  from  the  time  this  charter  goes  into  effect  no 
suit  shall  be  instituted,  nor  shall  any  sale  of  property  be  made  by  the 
City  of  Houston  or  its  officers  for  any  taxes  which  have  become  due 
and  payable  for  more  than  four  years  prior  to  the  filing  of  said  suit,  or 
the  sale  of  said  property  by  the  proper  officer  of  said  city  as  pro- 
vided for  in  this  article.  And  it  shall  be  the  duty  of  the  City  Coun- 
cil to  pass  an  ordinance  imposing  a  fine  of  two  hundred  dollars 
upon  such  person  as  is  or  may  be  employed  by  said  Council  to  col- 
lect said  taxes,  who  fails  to  use  due  diligence  in  the  collection  of 
all  such  taxes,  and  such  persons  so  failing  to  do  so,  shall  at  onco 
be  discharged  from  the  service  of  the  city,  and  each  and  every  fail- 
ure shall  be  a  separate  offense  and  subject  the  person  to  such  fine  for 
«ach  failure  or  separate  offense. 

The  City  of  Houston  is  hereby  expressly  authorized  to,  and  has 
the  right  to  maintain  a  suit  to  recover  a  personal  judgment  for  the 


City  of  Houston  19 


amount  of  any  tax  due  it,  accruing  from  any  species  of  property  taxed 
by  it,  as  well  as  for  license  and  occupation  taxes,  and  the  tax  may  be 
collected  by  sale  of  the  particular  property  on  which  it  is  assessed, 
by  enforcing  the  lien  or  by  the  sale  of  all  or  other  property  under  a 
judgment  of  court,  or  by  seizure  and  sale  of  personal  property;  pro- 
vided, that  when  any  action  is  instituted  against  any  person  to  re- 
cover taxes  due  the  city,  all  the  taxes  due  such  person  or  per- 
sons upon  any  piece,  lot  or  parcel  of  property,  real  or  personal,  shall 
be  embraced  in  one  suit,  whenever  the  same  is  legal  and  practical,  and 
when  the  same  can  be  done  and  is  not  done  subsequent  to  the  pas- 
sage of  this  act,  all  taxes  for  years  antecedent  to  those  for  which 
the  taxes  are  alleged  to  be  due,  shall  be  conclusively  presumed  to 
have  been  paid.  And  where  two  or  more  actions  are  brought  sub- 
sequent to  the  passage  of  this  act,  and  all  the  taxes  due  might  legally 
be  or  have  been  embraced  in  one  action,  the  court  shall,  on  motion 
of  the  defendant,  or  of  its  own  motion,  consolidate  said  action,  and 
when  same  is  done,  the  costs  shall  be  paid  as  in  only  one  action. 

In  suits  for  taxes,  the  proper  persons  shall  be  made  parties  defend- 
ant in  such  suits,  shall  be  served  with  process  and  other  proceedings 
had  therein,  as  provided  by  law  for  suits  of  like  character  in  the 
District  Courts  of  this  State;  and  in  case  of  foreclosure,  an  order  of 
sale  shall  issue  and  the  land  b^  sold  thereunder,  as  in  other  cases 
of  foreclosure,  which  order  of  sale  shall  have  all  the  force  and  effect 
of  a  writ  of  possession  between  the  parties  to  the  suit  and  any  per- 
son claiming  under  the  defendant  by  any  right  acquired  after  the 
filing  of  the  suit;  and  the  Sheriff  or  other  officer  executing  such  order 
of  sale  shall  proceed  by  virtue  of  the  same  to  place  the  purchaser  of 
the  property  sold  under  such  order  of  sale  in  possession  thereof  within 
twenty  days,  as  provided  by  the  general  laws  of  Texas,  after  date  of 
sale,  but  not  before,  and  such  order  of  sale  may  direct  that  the 
Sheriff  or  other  officer  executing  such  order  of  sale  shall  sell  the 
property,  either  each  piece  separately,  as  under  execution,  or  in  gross, 
as  the  city,  through  its  attorney,  may  direct;  or  if  the  defendant 
or  his  attorney  shall,  at  any  time  before  the  sale,  file,  with  the 
Sheriff  or  any  other  officer  in  whose  hands  any  "such  order  of  sale 
shall  be  placed,  a  written  request  that  the  property  described  therein 
shall  be  divided  and  sold  in  less  tract  than  the  whole,  together  with 
the  description  of  said  subdivisions,  then  such  officer  shall  sell  the 
land  in  said  subdivisons,  as  the  defendant  may  request,  and  in  such 
case  shall  only  sell  as  many  subdivisions  as  will  satisfy  the  judg- 
ment, the  court  costs,  and  all  other  costs  hereinafter  specified. 

In  all  cases  in  which  lands  have  been  sold  for  default  in  the  pay- 
ment of  the  taxes,  it  shall  be  lawful  for  the  Sheriff  or  other  officer 
selling  the  same,  or  any  of  his  successors  in  office,  to  make  a  deed 
or  deeds  to  the  purchaser,  or  to  any  person  to  whom  the  purchaser 
may  direct  the  deed  to  be  made,  and  such  deed  shall  be  held  in  all 
courts  of  law  or  equity  in  the  State  to  vest  a  good  and  perfect  title  in 
the  purchaser  thereof. 

The  City  Attorney  or  other  officer  designated  therefor  by  the  City 
Council  shall  represent  the  city  in  all  suits  against  delinquent  tax- 
payers, and  in  any  and  all  suits  by  the  City  of  Houston  for  the  col- 
lection of  the  taxes  due  it  there  shall  be  charged  in  the  cost  bill  in 
said  case  when  judgment  is  rendered  for  the  city,  five  per  cent,  upon 


20  Charier  of  the 

^ 

the  amount  of  the  judgment  so  rendered  in  said  cause,  which  amount 
shall  be  taxed  as  cost  against  the  property  upon  which  the  tax  is 
due  and  unpaid  to  the  city,  and  in  no  case  after  suit  has  been  filed 
shall  a  receipt  for  taxes  be  given  on  the  property  in  suit  until  after 
the  payment  of  five  per  cent,  attorney's  fees  as  above  provided,  the  cost 
of  the  City  Assessor  and  Collector,  or  such  other  officer  as  herein 
stated,  and  all  court  costs. 

When  judgment  has  been  taken  for  taxes  due  on  the  property  in 
suit,  the  five  per  cent,  attorney's  fees  and  other  costs  above  named 
shall  be  taxed  as  costs  against  the  property  to  be  sold  under  judg- 
ment for  taxes,  and  paid  out  of  the  proceeds  of  the  sale  of  the  same, 
together  with  the  taxes  and  interest  due  thereon  to  the  city,  and 
the  five  per  cent,  taxed  as  attorney's  fees  shall  be  paid  to  the  city. 

Sec.  9.  For  the  taxes  due  on  any  property  for  any  and  all  years, 
for  and  including  the  year  1875,  up  to  and  including  the  year  1904, 
and  for  all  years  intervening,  and  for  all  years  after  the  year  1904, 
until  otherwise  provided  by  charter,  either  the  tax  rolls  or  a  state- 
ment of  the  taxes  due  on  any  property  made  from  said  rolls  certified 
to  and  signed  by  the  City  Assessor  and  Collector  of  Taxes  of  the 
City  of  Houston,  or  such  other  officer  or  employe  as  the  City  Council 
may  designate,  shall  be  prima  facie  evidence  that  the  tax  on  the  prop- 
erty is  due;  that  the  facts  stated  therein  are  true,  and  that  all  the  pre- 
requisites required  by  law  pertaining  to  the  levying  and  assessing 
of  taxes  and  the  rendition  of  the  property  therefor  on  which  the  suit 
is  brought  for  the  taxes  due  have  been  complied  with. 

In  addition  to  the  tax  rolls  and  the  certified  statement  from  the 
said  tax  rolls  being  prima  facie  evidence,  as  above  stipulated,  the  deed 
or  deeds  executed  by  the  Assessor  and  Collector  of  Taxes  and  made 
by  him  during  the  years  1890,  1891,  1892,  1893  and  1894,  showing  the 
sales  made  by  him  for  said  years  of  the  property  upon  which  the 
taxes  are  due,  in  accordance  with  the  provisions  of  the  charter  of 
the  City  of  Houston  in  force  during  the  last  named  years,  shall  also 
be  prima  facie  evidence  that  the  tax  on  the  property  is  due  and  un- 
paid; that  the  facts  stated  in  said  deed  are  true,  and  that  all  of 
the  prerequisites  and  requirements  of  the  law  were  and  have  been 
complied  with. 

Sec.  10.  All  taxes  for  any  current  year,  except  occupation  tax  and 
license  tax,  are  hereby  declared  to  become  due  and  payable  on  the 
first  day  of  each  and  every  current  year,  and  if  not  paid  by  the 
thirty-first  day  of  December  following  a  penalty  of  ten  per  cent, 
upon  amount  of  the  tax  due  shall  be  added  and  paid,  and  interest 
shall  be  charged  upon  the  gross  amount  of  the  tax  and  penalty  due 
until  paid,  at  the  rate  of  six  per  cent,  per  annum,  and  in  no  case 
shall  the  City  Council  or  any  number  of  the  City  Council,  or  any 
other  oflSicer  of  the  city  extend  the  time  for  the  payment  of  the  taxes, 
nor  shall  any  officer  of  the  city  remit,  discount,  or  compromise  any 
tax  legally  due  the  city,  nor  shall  any  person  be  elected  Mayor  or 
Alderman  of  the  City  of  Houston  or  hold  any  position,  office  or  employ- 
ment thereunder  who  is  in  arrears,  or  due  and  owing  to  the  City  of 
Houston  any  sum  of  money  for  taxes  or  otherwise. 

'  Sec.  11.  The  provision  for  suit  to  foreclose  the  tax  lien  herein 
created  is  but  auxiliary  to,  and  cumulative  of  the  city's  right  to  sell 


City  of  Houston  21 


property  delinquent  for  taxes  without  suit,  as  is  hereafter  provided. 
After  said  tax  statements  have  been  made  out  by  the  Assessor  and 
Collector,  or  other  oflficer  designated  therefor  by  the  City  Council, 
and  after  publication  thereof  as  is  herein  specified  in  this  article, 
it  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes  of  the 
City  of  Houston,  or  such  other  oflflcer  as  may  be  provided  for  by  ordi- 
nance, to  give  notice  by  publication  made  in  a  newspaper  published 
in  the  City  of  Houston  and  having  a  general  circulation  therein, 
which  publication  shall  be  made  at  least  once  a  week  for  three  con- 
secutive weeks  immediately  preceding  the  sale,  that  he  will  sell  at 
public  outcry  in  the  City  of  Houston  at  such  place  as  is  designated 
in  said  notice  each  and  every  piece  of  property  delinquent  to  the 
City  of  Houston  for  taxes  at  the  time  of  said  sale.  Said  property 
shall  be  sold  by  separate  sales  or  tracts  to  the  highest  bidder  at  said 
sale,  but  the  right  is  hereby  reserved  to  the  City  Council  to  confirm 
or  refuse  to  confirm  said  sales  which  shall  be  reported  to  it  within 
three  days  thereafter,  and  if  said  sales  so  made  are  not  confirmed  by 
the  City  Council,  the  money  so  paid  to  the  Assessor  and  Collector 
shall  be  by  him  refunded  to  the  purchaser  at  said  sale.  Said  sales 
may  continue  from  day  to  day  until  all  of  the  property  so  delinquent 
for  taxes  shall  have  been  sold.  The  said  Tax  Assessor  and  Collector, 
or  such  other  officer  as  may  be  designated  by  the  City  Council,  shall, 
after  said  sale  is  made,  make  a  deed  to  the  purchaser  thereof,  if  sale 
is  confirmed  by  the  City  Council,  and  in  such  deed  he  shall  recite  the 
fact  of  the  delinquency  of  the  tax,  the  amount  of  the  tax  due,  the 
year  or  years  for  which  due,  the  property  against  which  the  tax  is 
assessed,  the  fact  of  the  publication  of  the  delinquent  tax  roll  as  is 
herein  set  out,  the  fact  of  the  publication  of  the  notice  of  sale,  the 
amount  bid,  and  the  name  of  the  purchaser.  Such  deed  shall  con- 
stitute a  prima  facie  title  to  the  property  therein  described,  and  said 
deed  shall  be  prima  facie  evidence  of  the  truth  of  all  things  therein 
recited,  and  the  holder  of  said  deed  shall  be  considered  the  holder  of 
a  prima  facie  legal  title  to  said  land  against  all  persons  whomsoever, 
and  such  deeds,  when  so  executed  for  property  sold  as  specified  at 
said  sales,  shall  pass  to  the  purchaser  all  of  the  interest  and  title 
of  the  owner  thereof,  subject  to  redemption  at  any  time  within  two 
years  from  the  date  of  said  sale,  upon  payment  by  the  owner  of 
the  property  so  sold  to  the  purchaser  thereof,  of  double  the  amount 
of  taxes,  penalties  and  costs  due  on  said  property;  provided  that 
should  such  sale  be  for  any  reason  held  invalid,  the  purchaser  thereof 
shall  nevertheless  have  a  good  and  valid  lien  upon  the  property  so 
sold  for  the  amount  of  the  taxes  due  thereon,  and  such  purchaser 
shall  be  subrogated  to  all  of  the  rights  of  the  City  of  Houston,  and 
shall  have  the  right  to  foreclose  such  lien  in  any  court  of  competent 
jurisdiction  within  four  years  from  the  date  of  such  sale. 

The  City  of  Houston  may  bid  at  such  sales,  and  may  become  the 
purchaser  of  any  property  sold  thereat  to  the  extent  of  the  amount 
of  the  taxes,  interest,  penalties  and  costs  due  on  any  particular  piece 
of  property,  and  the  city  shall  further  have  the  right,  if  said  deed 
shall  for  any  reason  be  invalid,  to  maintain  a  suit  to  foreclose  its 
tax  lien  on  said  property  for  the  amount  of  taxes  due  thereon,  at 
any  time. 

A  failure  on  the  part  of  the  City  Assessor  and  Collector  of  faxes. 


22  Charter  of  the 


or  such  other  officer  or  employe  as  may  be  designated  by  the  City 
Council  to  prepare  the  delinquent  tax  roll,  or  to  publish  it  for  the 
required  length  of  time,  or  to  furnish  tax  statements  to  the  City  At- 
torney, or  a  failure  on  the  part  of  the  city  to  file  suits  within  the 
proper  time  for  the  collection  of  taxes  due,  shall  in  no  wise  affect  the 
liability  of  the  delinquent  taxpayer,  nor  shall  it  release  the  prop- 
erty upon  which  the  tax  is  due  from  the  operation  of  the  lien,  charge 
or  incumbrance  herein  created,  nor  shall  such  failure  of  any  officer 
or  employe  of  the  city  in  any  manner  or  matter  be  relied  on  by  way 
of  defense,  or  be  a  defense  against  the  payment  or  the  enforcement 
of  the  payment  by  suit  or  otherwise  of  the  taxes  due  the  city. 

In  cases  where  the  State  has  instituted  suit  for  taxes  and  where 
taxes  are  due  the  city  on  the  same  property  for  the  same  or  other 
years,  the  city  may  have  the  right  to  intervene  in  said  suit  and  have 
judgment  for  its  taxes  to  foreclose  its  lien  for  said  taxes,  and  in  cases 
where  the  city  has  first  instituted  suit  for  taxes,  the  State  may  have 
the  same  right  to  intervene  with  foreclosure  of  its  lien. 

Sec.  12.  Immediately  after  the  first  day  of  January  in  every  year, 
It  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes,  or  such 
other  officer  or  employe  as  may  be  designated  by  the  City  Council,  to 
prepare  a  roll  containing  a  description  of  all  property  described  in 
the  assessment  rolls  of  the  year  just  preceded,  that  is  to  say,  the 
year  ending  on  the  thirty-first  day  of  December  preceding  on  which 
the  taxes  have  not  been  paid.  Said  roll  shall  be  called  the  DELIN- 
QUENT ROLL,  and  shall  consist  of  so  much  of  the  said  roll  as  will 
identify  the  property  and  show  the  amount  of  the  tax  due  on  the 
same.  During  the  time  that  the  City  Assessor  and  Collector,  or  such 
other  officer  or  employe  of  the  city  as  may  be  designated  by  the  City 
Council,  shall  be  preparing  and  shall  prepare  the  delinquent  roll 
above  described,  he  shall  prepare  separate  statements  of  tax  accounts 
due  the  city,  to  be  furnished  the  City  Attorney  or  other  officer  desig- 
nated by  the  City  Council,  which  statements  shall  contain  a  description 
of  the  property,  the  year  for  which  the  tax  is  due,  the  amount  of 
the  tax  due,  the  rate  of  taxation,  and  the  person  or  persons,  estate, 
firm  or  corporation  who  assesses  the  same,  and  whether  the  property 
is  rendered  or  unrendered,  or  owner  unknown,  as  appears  on  the  tax 
roll,  which  statement  the  City  Assessor  and  Collector,  or  such  other 
officer  or  employe  as  may  be  designated  by  the  City  Council,  shall 
certify  to  be  correct,  and  which  shall  be  prima  facie  evidence  of  the 
statement  made  therein,  and  that  all  the  prerequisites  and  require- 
ments of  the  law  as  to  levying  taxes  and  assessing  and  rendering  prop- 
erty therefor,  and  as  to  all  matters  have  been  complied  with,  and 
the  city  shall  be  entitled  to  one  dollar  on  each  statement  so  made, 
which  shall  be  taxed  against  the  delinquent  taxpayer  of  the  prop- 
erty and  against  the  propefty  on  which  the  tax  is  due,  and  in  case 
of  suit,  to  be  taxed  as  a  charge  against  the  property,  and  the  Assessor 
and  Collector  of  Taxes,  or  other  officer  designated  by  the  City  Coun- 
cil, shall  not  issue  any  receipts  to  any  delinquent  taxpayer  until  said 
one  dollar  has  been  paid,  except  upon  express  written  authorization 
in  each  individual  instance  by  the  City  Council;  provided,  that  when 
separate  tracts  of  land  and  different  kinds  of  property  are  assessed 
by  tlje  same  person,  firm,  estate  or  corporation,  that  they  shall  be 
contained  in  the  same  statement.     Said  delinquent  roll  shall  be  fin- 


City  of  Houston  23 


ished  and  said  statement  furnished  by  tlie  Assessor  and  Collector,  or 
other  officer,  not  later  than  the  last  day  of  February  of  each  year. 

Said  delinquent  roll  shall  be  published  during  the  month  of  March 
following,  or  as  soon  thereafter  as  practicable,  once  a  week  for  four 
consecutive  weeks,  in  some  newspaper  published  in  the  City  of  Hous- 
ton, and  the  Assessor  and  Collector,  or  other  officer  or  employe  desig- 
nated by  the  City  Council,  shall  also  be  entitled  to  charge  two  dol- 
lars for  advertising  each  tract  of  land  separately  assessed,  which 
shall  be  taxed  as  a  charge  against  the  property  on  which  the  tax  is 
due,  and  paid  into  the  treasury  of  the  City  of  Houston,  and  the  As- 
sessor and  Collector,  or  such  other  officer  or  employe  as  may  be  desig- 
nated by  the  City  Council,  shall  not  issue  any  receipt  to  any  delinquent 
taxpayer  until  the  cost  of  advertising  has  been  paid,  unless  upon  the 
express  authorization  to  do  so  by  the  City  Council,  which  authoriza- 
tion shall  be  made  in  writing  in  each  individual  instance,  and  a  failure 
to  comply  with  these  provisions  by  the  Assessor  and  Collector  of 
Taxes,  or  such  other  officer  or  employe  as  may  be  designated  by  the 
City  Council,  shall  be  deemed  a  malfeasance  in  office,  and  such  officer 
shall  be  removed. 

It  shall  be  the  duty  of  the  Assessor  and  Collector  of  Taxes  or 
other  officer  or  employe  as  may  be  designated  by  the  City  Council, 
whenever  written  request  is  filed  with  him  by  the  owner  or  agent 
of  any  particular  piece  of  property  for  a  statement  of  all  taxes  due 
on  said  piece  of  property  to  give  to  said  person  a  written  state- 
ment of  all  taxes  due  thereon  for  each  and  every  year  from  and  after 
the  year  1875  up  to  and  including  the  year  for  which  the  taxes  are 
last  due,  and  any  person  who  pays  the  taxes  due  on  said  property  upon 
the  statement  so  rendered,  if  duly  certified  to  by  the  Assessor  and  Col- 
lector as  being  all  the  taxes  due  thereon  shall  not  thereafter  be  required 
to  pay,  but  shall  be  relieved  from  payment  of  any  taxes  due  or  claimed 
to  be  due  on  said  property  for  any  years  prior  to  the  time  of  filing 
said  written  request  for  a  full  statement  of  all  the  taxes  due  on  said 
property. 

Sec.  13.  The  City  Council  may  by  resolution  provide  for  advance 
payment,  and  may  allow  interest  upon  advance  payment  of  taxes,  at 
a  I  ate  not  to  exceed  six  per  cent,  per  annum  for  the  time  intervening 
between  the  time  of  such  payment  and  the  time  of  the  last  payment, 
without  interest  or  penalties,  namely,  the  thirty-first  day  of  Decem- 
ber of  each  year;  provided,  that  no  such  resolution  shall  be  passed, 
nor  such  interest  allowed,  except  for  the  purpose  of  raising  money 
to  meet  the  current  expenses  of  the  city  for  legitimate  purposes. 
Such  resolution  shall  stale  the  amount  of  money  sought  to  be  raised 
by  this  means,  and  when  said  amount  has  been  received,  the  As- 
sessor and  Collector,  or  such  other  officer  or  employe  designated  by 
the  City  Council,  shall  immediately  notify  the  Mayor  and  City  Coun- 
cil that  the  amount  called  for  in  the  resolution  has  been  received, 
and  no  one  shall  by  authorization  of  the  City  Council,  nor  shall  the  City 
Council,  pay  interest  on  moneys  subsequently  paid  in  for  taxes  for 
that  year.  In  receiving  moneys  for  taxes  in  advance,  under  the  reso- 
lution herein  provided  for,  the  Assessor  and  Collector,  or  other  officer 
or  employe  designated  by  the  City  Council,  shall  allow  the  taxpayer 
to  retain  out  of  such  payment  the  amount  of  the   interest  allowed 


24  Charter  of  the 


thereon,  and  shall  give  his  receipt  for  the  whole  amount,  showing 
what  amount  is  actually  paid  in,  and  what  sum  is  allowed  as  interest 
on  such  payment. 

Sec.  14.  Any  and  all  descriptions  of  real  estate,  blocks,  outlots, 
lots,  or  any  parts  or  fractions  thereof,  and  of  all  personal  property, 
and  any  and  all  dates,  years,  valuations,  taxations,  numbers,  quan- 
tities or  amounts  contained  in  any  assessment  roll  or  sheet,  land 
tax  book,  personal  tax  book,  or  descriptions  contained  in  any  book 
or  roll  for  the  purposes  of  assessing  property,  shall  be  sufficient  and 
valid  when  made  or  stated  in  whole  or  part,  in  abbreviations  or  con- 
tractions of  words,  letters,  characters  or  figures;  and  when  so  made 
or  stated  shall  be  deemed  and  held  to  be  fully  and  fairly  made  and 
stated  as  though  the  same  had  been  written  out  in  full.  No  error  or 
irregularity  in  any  assessment  roll,  tax  book,  or  other  document  re- 
lating to  the  levy,  assessment,  equalization  or  collection  of  the  taxes 
of  the  city  shall  in  any  manner  affect  or  impair  the  validity  of  any 
tax,  or  affect  the  proceedings  for  the  collection  thereof;  but  every 
such  assessment  shall  be  liberally  construed  to  effect  the  purposes  and 
objects  of  this  article  in  determining  the  validity  thereof. 

Sec.  15.  BOARD  OF  APPRAISEiMENT.— There  shall  be  a  Board  of 
Appraisement  in  said  city,  which  shall  be  composed  of  two  Aldermen 
and  the  Assessor  and  Collector  of  Taxes,  or  such  officer  or  employe 
designated  by  the  City  Council  to  perform  the  duties  of  an  Assessor 
and  Collector  of  Taxes. 

The  two  aldermanic  members  of  said  board  shall  be  appointed  by  the 
Mayor  not  later  than  the  first  day  of  May  of  each  year,  and  said  board 
shall  as  soon  as  possible  after  the  completion  of  all  or  any  one  of 
the  Assessment  rolls  by  the  Assessor  and  Collector,  or  other  person 
designated  therefor  by  the  City  Council,  meet  and  carefully  examine 
said  roll  or  rolls,  and  properly  and  equitably  adjust  and  equalize  the 
taxable  values  thereon,  thus  continuing  until  they  have  adjusted  and 
equalized  the  valuation  on  all  property  on  said  rolls,  under  such  regula- 
tions as  may  be  prescribed  by  the  City  Council  by  ordinance,  and  after 
the  completion  of  said  work,  said  board  shall  make  due  report  of  its 
action  to  the  City  Council. 

Said  board,  constituted  as  herein  provided,  shall  continue  for  a  period 
of  one  year,  and  shall  be  a  standing  committee  to  which  all  matters 
relative  to  taxes  shall  be  referred.  The  members  of  said  board  shall 
not  receive  any  further  compensation  or  extra  compensation  by  rea- 
son of  their  services  as  members  of  said  Board  of  Appraisement,  nor 
as  members  of  said  standing  committee  on  taxes. 

In  case  of  dissatisfaction  with  the  decision  of  said  Board  of  Ap- 
praisement by  any  taxpayer,  an  appeal  from  the  decision  of  said  Board 
of  Appraisement  may  be  had  to  the  City  Council  of  the  City  of  Hous- 
ton, but  such  appeal  must  be  by  written  petition,  specifically  stating 
the  things  complained  of,  and  by  the  dissatisfied  taxpayer  be  filed 
with  the  City  Secretary  before  the  expiration  of  thirty  days  after 
said  board  has  finally  examined  and  passed  upon  the  delinquent  rolls  of 
said  city  and  made  its  final  report  to  the  Mayor  and  City  Council, 
as   herein   provided.     The   decision   of   the   City   Council   in   all   cases 


City  of  Houston  25 


of  appeal  from  the  decision  of  the  Board  of  Appraisement  shall  be 
final  and  binding,  and  no  appeal  shall  be  allowed  from  the  decision  of 
the  City  Council. 

Said  Board  of  Appraisement  shall  finish  and  conclude  its  labors 
within  not  less  than  sixty  days,  and  in  no  event  shall  it  file  its  final 
report  with  the  Mayor  and  City  Council  later  than  the  fifteenth  day 
of  June  of  each  year. 

It  shall  be  the  duty  of  the  Board  of  Appraisement  to  mail  a  postal 
card  to  each  property  owner,  the  valuation  of  whose  property  the 
board  proposes  to  raise  or  increase,  notifying  him  to  appear  before 
it  and  show  cause  why  said  valuation  should  not  be  increased  as 
proposed,  but  the  failure  on  the  part  of  any  property  owner  whose 
property  may  be  increased  in  value  by  the  Board  of  Appraisement  to 
receive  written  notice  of  the  proposed  increase,  shall  in  no  wise  in- 
validate or  affect  the  action  of  said  Board  of  Appraisement  in  increas- 
ing the  valuation  of  said  property,  but  it  shall  be  presumed  that  the 
notice  was  sent  as  provided  for  herein. 

ARTICLE  IV. 

Sectiox  1.  AUTHORITY  TO  ISSUE  BONDS.— The  City  Council 
shall  have  the  power  and  authority  by  ordinance  duly  passed,  if  it  so 
elects,  to  borrow  money  on  the  credit  of  the  city  for  permanent  im- 
provements, to  an  amount  not  to  exceed  one  hundred  thousand  dol- 
lars ($100,000.00)  in  any  one  year,  and  may  issue  bonds  of  the  city 
therefor.  It  may  also  have  the  pov/er,  and  is  hereby  expressly  author- 
ized to  issue  bonds  for  the  purpose  of  refunding  bonds  of  the  city  of 
previous  issues;  provided,  the  bonds  may  be  refunded  at  a'  lower  rate 
of  interest  than  the  bonds  proposed  to  be  retired  draw. 

No  bonds  shall  be  issued  for  any  purpose  except  for  the  purpose 
of  making  permanent  improvements,  which  shall  not  exceed  one  hun- 
dred thousand  dollars  ($100,000.00)  in  any  one  year,  and  for  the  pur- 
pose of  refunding  bonds  of  the  city  of  previous  issues,  unless  an  elec- 
tion be  duly  ordered  by  the  Mayor  and  City  Council,  and  if  at  said 
election  a  majority  of  the  vote  polled  shall  be  in  favor  of  creating  such 
debt,  it  shall  be  lawful  for  the  City  Council  to  make  the  issuance  of 
bonds  as  proposed  in  the  ordinance  submitting  the  same  at  the  election 
so  held,  but  if  a  majority  of  the  vote  polled  shall  be  against  the  creat- 
ing of  such  debt,  it  shall  be  unlawful  for  the  City  Council  to  issue 
the  bonds. 

In  all  elections  to  determine  the  expenditure  of  money  for  the  as- 
sumption of  debt,  only  those  shall  be  qualified  to  vote  who  pay  taxes 
on  property  in  said  city,  and  are  legally  qualified  voters  in  said  City 
of  Houston;  provided,  that  no  poll  tax  for  the  payment  of  debts  thus 
incurred  shall  be  levied  upon  the  persons  debarred  from  voting  in 
relation  thereto. 

No  bonds  shall  be  issued  drawing  more  than  five  per  cent,  interest 
per  annum,  and  they  shall  be  invalid  if  sold  for  less  than  par  and 
accrued  interest,  and  all  bonds  shall  express  upon  their  face  the  pur- 
pose for  which  they  are  issued. 


26  Charier  of  thf 


The  ordinance  authorizing  any  bonds  to  be  issued  shall  provide  for 
the  creation  of  a  sinking  fund  sufficient  to  pay  the  bonds  at  matur- 
ity, and  make  provision  for  the  payment  of  the  interest  thereon  as  it 
matures,  and  said  sinking  fund  shall  be  invested  in  bonds  of  the  State 
of  Texas,  or  in  the  bonds  issued  by  counties  in  the  State  of  Texas, 
or  in  bonds  of  the  United  States,  or  such  funds  may  be  used  for  the 
purchase  of  the  bonds  of  the  City  of  Houston  which  are  not  yet  due, 
and  neither  interest  nor  sinking  fund  shall  be  devoted  to  any  other 
purpose  whatsoever. 

Any  officer  of  the  city  who  shall  wilfully  or  knowingly  divert  or 
use  said  fund  for  any  other  purpose  except  that  for  which  the  fund  Is 
created,  or  herein  expressly  authorised  to  be  invested,  shall  be  deemed 
guilty  of  a  felony,  and  subject  to  prosecution  as  provided  under  the 
general  laws  of  the  State  for  the  diversion  and  conversion  of  funds 
belonging  to  any  of  the  municipalities  of  said  State. 

Sec.  2.  BAYOU. — Power  is  hereby  given  the  City  Council  of  the 
City  of  Houston  to  secure  land  between  Houston  and  Harrisburg, 
along  the  banks  of  Buffalo  Bayou,  by  purchase,  condemnation  or  by 
gift,  for  the  improvement  of  Buffalo  Bayou  by  the  United  States,  or 
by  the  City  of  Houston  and  for  this  purpose  it  may  by  ordinance 
extend  the  corporate  limits  of  said  city  from  its  present  eastern 
limits  eastwardly  in  a  general  direction  with  Buffalo  Bayou,  from 
bank  to  bank,  as  same  is  now  constructed,  or  exists,  or  as  same  may 
be  ordered  constructed  by  the  government  engineers  in  charge  of 
said  work,  provided  that  the  city  shall  have  no  right  to  tax  the 
property  over  which  such  boundaries  are  so  extended,  unless  such 
property  be  within  the  line  and  within  the  limits  of  the  general  city 
boundaries  or  limits. 

To  effect  a  condemnation,  the  same  proceedings  shall  be  takea 
and  the  same  statutes  shall  govern,  so  far  as  applicable,  as  obtain  and 
apply  to  the  condemnation  of  lands  by  railway  companies  under  the 
general  statutes  of  the  State  of  Texas. 

Sec.  3.  FEES. — Within  its  corporate  limits,  the  City  of  Houston 
shall  be  the  local  agent  of  the  State  government  for  the  enforcement 
of  the  State  laws,  in  all  cases  wherein  the  Corporation  Court  of  the 
City  of  Houston  has  jurisdiction,  and  all  fines  or  penalties  imposed 
by  said  court,  including  all  costs  incident  thereto,  and  assessed  against 
the  parties  so  fined,  are  by  this  act  declared  to  be  due  and  owing  to, 
and  shall  be  payable  to  the  City  of  Houston,  and  in  all  cases  where 
fees  are  allowed,  the  officers  making  the  arrest,  or  the  attorneys 
prosecuting  said  causes  in  said  Corporation  Court,  said  fees  shall  be 
payable  to,  and  shall  hereby  become  due  and  owing  to  the  City  of 
Houston. 

And  the  City  of  Houston  shall  by  ordinance  prescribe  that  no  officer 
or  employe  in  the  service  of  the  City  of  Houston  shall  receive  any 
fees,  rewards  or  perquisites  accruing  from  any  service  performed  in 
any  manner  whatsoever,  whether  authorized  by  the  general  laws  of  the 
State  or  otherwise,  but  in  addition  may  prescribe  by  ordinance  that 
said  fees,  which  may  be  collectible  by  said  officers  under  the  State 
law,  shall  become  the  property  of,  and  shall  be  payable  to  the  City 
of  Houston,  and  a  failure  on  the  part  of  any  officer  or  employe  to 


City  of  Houston  27 


collect  said  fees  when  collectible,  and  to  pay  the  same  over  to  the 
City  of  Houston,  shall  be  deemed  a  malfeasance  in  oflSce,  and  said 
officer  shall  be  removed. 

Sec.  4.  SIDEWALKS. — The  City  of  Houston  may  by  appropriate 
penal  ordinance  compel  the  construction  and  laying  of  sidewalks  by 
property  owners  in  front  of,  or  abutting  on  their  land,  or  property,  and 
may  prescribe  the  character  of  such  sidewalk,  and  the  manner  in 
which  it  shall  be  laid.  Should  any  person  or  corporation  owning  land 
In  the  City  of  Houston  fail  or  refuse  to  construct  sidewalks  in  front 
of  or  abutting  on  their  property,  in  accordance  with  the  ordinance 
passed  by  the  City  of  Houston,  in  addition  to  the  penalty  provided  for 
herein,  the  City  orf  Houston  shall  have  the  right  to  have  said  side- 
walk constructed  in  accordance  with  such  ordinance  at  the  expense  of 
the  abutting  property  owner,  and  may  recover  a  personal  judgment 
in  any  court  having  jurisdiction  of  the  amount,  for  the  costs  and 
expense  in  constructing  said  sidewalks,  with  10  per  cent,  additional 
for  attorney's  fees.  The  Council  may  also,  by  ordinance,,  provide  that 
the  city  shall  not  pave  with  brick,  asphalt,  stone  or  gravel,  any  street 
unless  and  until  the  owners  of  abutting  property  shall  previously  lay 
in  the  manner  as  may  be  prescribed  by  the  city  a  curb  and  sidewalk 
thereon. 

Sec.  5.  VESTIBULE  CARS.— The  City  Council  may,  by  ordinance, 
duly  passed,  require  any  street  car  company  operating  its  lines  or 
cars  within  or  Into  the  City  of  Houston,  to  equip  its  cars  with  vesti- 
bules of  such  pattern  and  style  and  during  such  period  of  the  year, 
as  may  be  prescribed  by  ordinance. 

The  city  shall  also  have  the  right  and  power,  by  ordinance  duly 
passed,  to  require  any  street  railway  company  operating  its  cars  or  lines 
within  the  limits  of  the  City  of  Houston,  to  equip  its  cars  with  fenders 
of  such  style,  design  or  pattern,  as  may  be  prescribed  by  the  City 
Council,  and  to  run  closed  cars  in  the  months  of  December,  January 
and  February  of  each  year. 


ARTICLE  V. 

Sectiox  1.  ELECTIVE  OFFICERS.— The  administration  of  the 
business  affairs  of  the  City  of  Houston  shall  be  conducted  by  a  Mayor 
and  four  Aldermen,  who,  together,  shall  be  known  and  designated  as 
the  City  Council,  each  and  all  of  whom  shall  be  elected  by  the  quali- 
fied voters  of  the  city  at  large,  and  who  shall  hold  their  respective 
offices  for  two  years  from  and  after  the  next  city  election,  or  until 
their  successors  are  elected  and  qualified,  unless  sooner  removed,  as  is 
provided  by  this  act;  provided,  however,  that  all  of  the  present  officers 
of  the  City  of  Houston,  who  were  elected  at  a  city  election  held 
In  said  city,  on  the  fourth  day  of  April,  A.  D.  1904,  pursuant  to  the 
provisions  of  an  act  passed  by  the  Twenty-eighth  Legislature  of  the 
State  of  Texas,  entitled:  "An  Act  to  provide  a  charter  for  the  City 
of  Houston,  Harris  County,  Texas,  repealing  all  laws  or  parts  of  laws 
in  conflict  herewith,  and  declaring  an  emergency";  except  the  Mayor, 
Aldermen  and  City  Attorney,  shall  hold  their  respective  offices,  unless 


28  Charter  of  the 


sooner  removed  by  the  Mayor  for  cause,  and  receive  the  compensa- 
tion now  fixed  therefor,  until  the  expiration  of  two  years  from  and 
after  the  date  of  their  election  on  the  fourth  day  of  April,  1904,  and 
qualification  thereunder. 

Compensation  of  all  officers,  except  the  Mayor  and  Aldermen,  shall 
be  fixed  by  the  City  Council,  which  may  increase  or  diminish  the  same 
at  will,  or  abolish  entirely  any  office  at  any  time,  except  as  to  the 
officers  above  mentioned,  and  until  their  two  years  term  of  office  ex- 
pires. 

In  case  a  primary  election  is  held  pursuant  to  the  call  or  under  the 
direction  of  any  political  party,  or  of  any  association  of  individuals 
for  the  nomination  of  candidates  for  the  offices  of  Mayor  and  Aldermen, 
the  candidates  or  persons  voted  for  in  said  primary  election  shall  be 
voted  for  at  large  by  all  of  the  legally  qualified  voters  in  said  city,  it 
being  the  purpose  of  this  act  to  nominate  and  elect  at  large  in  said 
city  the  Mayor  and  Aldermen,  without  restricting  the  nomination  of 
candidates  for  either  position  to  any  smaller  designated  territory  within 
the  limits  of  said  city,  and  any  primary  election  held  for  the  purpose 
of  nominating  candidates  who  shall  stand  for  election  at  a  city  election 
in  said  city  at  which  said  primary  the  candidates  for  Mayor  and  Alder- 
men are  not  voted  for,  as  herein  provided,  shall  be  absolutely  illegal, 
and  no  person  so  nominated  at  said  primary  election  shall  be  eligible 
to  election  at  a  general  election,  nor  shall  he  hold  any  office  if  elected 
thereto  after  nomination  in  a  primary  wherein  the  voters  at  large  in 
said  city  did  not  participate  in  said  primary  election. 

Sec.  2.  APPOINTIVE  OFFICERS.— The  Mayor  shall  have  power 
to  appoint,  subject  to  confirmation  by  the  City  Council,  such  heads  of 
departments  in  the  administrative  service  of  the  city  as  may  be  created 
by  ordinance,  and  shall  have  power  to  appoint  and  remove  all  officers 
or  employes  in  the  service  of  the  city  for  cause,  whenever  in  his  judg- 
ment the  public  interests  demand  or  will  be  better  subserved  thereby; 
and  no  officer  whose  office  is  created  by  ordinance  shall  hold  the 
same  for  any  fixed  term,  but  shall  always  be  subject  to  removal  by 
the  Mayor  or  may  be  removed  by  the  City  Council.  In  case  of  such 
removal,  if  the  officer  or  employe  so  removed  requests  it,  the  Mayor 
or  City  Council,  as  the  case  may  be,  shall  file  in  the  public  archives  of 
the  city  a  written  statement  of  the  reason  for  which  the  removal  was 
made. 

ARTICLE  VI. 

Section  1.  THE  MAYOR. — The  chief  executive  and  administrative 
officer  of  the  city  shall  be  a  Mayor,  who  shall  be  a  citizen  of  the  United 
States,  a  qualified  voter,  residing  for  five  consecutive  years  immediately 
before  his  election  within  the  city  limits,  and  a  bona  fide  owner  of  ^real 
estate  for  at  least  two  years  before  his  election,  and  shall  hold  his 
office  for  two  years,  and  until  his  successor  is  elected  and  qualified, 
unless  sooner  removed  as  provided  by  this  act, 

Sec.  2.  MAYOR  PRO  TEM.— At  the  first  regular  meeting  of  the  City 
Council  after  the  induction  of  the  newly  elected  Mayor  and  Aldermen 
in  office,  the  Mayor  shall  nominate,  subject  to  confirmation  by  the  City 


City  of  Houston  29 


Council,  one  of  the  Aldermen  who  shall  be  known  and  designated  as 
"Mayor  Pro  Tem,"  and  shall  continue  to  hold  the  title  and  the  office 
until  the  expiration  of  the  term  of  office  for  which  he  was  elected  as 
Alderman,  but  shall  receive  no  extra  pay  by  reason  of  being  or  acting 
Mayor  Pro  Tem. 

Sec.  3.  DISABILITY  OF  THE  MAYOR.— If  for  any  reason  the 
Mayor  is  absent  from  the  city,  sick  or  unable  to  perform  the  duties  of 
his  office,  the  Mayor  Pro  Tem  shall  act  as  Mayor,  and  during  such  ab- 
sence or  disability  shall  possess  all  of  tlie  powers  and  perform  all  of 
the  duties  of  the  Mayor,  except  that  he  shall  not,  independent  of  the 
City  Council,  appoint  or  remove  any  officer  or  head  of  any  department 
from  office,  which  officer  or  head  of  department  was  appointed  by  the 
Mayor,  unless  the  Mayor  shall  be  absent,  or  disabled  for  a  period  of 
at  least  sixty  days. 

Sec.  4.  VACANCY. — In  case  of  the  death,  resignation  or  permanent 
disability  of  the  Mayor,  or  whenever  a  vacancy  in  the  office  of  Mayor 
shall  occur  for  any  reason,  the  Mayor  Pro  Tem  shall  act  as  Mayor,  and 
shall  possess  all  of  the  rights  and  powers  of  the  Mayor,  and  perform  all 
of  his  duties,  under  the  official  title,  however,  of  "Mayor  Pro  Tem"  until 
an  election  is  ordered  by  the  City  Council  to  fill  the  vacancy  in  the  office 
of  the  Mayor.  Said  election,  should  a  vacancy  occur  in  the  office  of 
Mayor,  shall  be  called  by  the  City  Council  and  held  within  thirty  days 
thereafter,  and  notice  by  publication  given  for  at  least  twenty  days,  as 
may  be  required  by  law. 
• 

Sec.  5.  REMOVAL  OF  THE  MAYOR.— In  case  of  misconduct,  in- 
ability or  willful  neglect  in  the  performance  of  the  duties  of  his  office, 
the  Mayor  may  be  removed  from  office  by  the  City  Council  by  majority 
vote  of  all  the  Aldermen  elected,  but  shall  be  given  an  opportunity  to 
be  heard  in  his  defense,  and  shall  have  the  right  to  have  process  issued 
to  compel  the  attendance  of  witnesses,  who  shall  be  required  to  give 
testimony,  if  he  so  elects.  The  hearing,  in  case  of  impeachment  of  the 
Mayor,  shall  be  public  and  a  full  and  complete  statement  of  the  reasons 
for  such  removal,  if  he  be  removed,  together  with  the  findings  of  facts 
as  made  by  the  Council,  shall  be  filed  by  the  City  Council  in  the  public 
archives  of  the  city,  and  shall  be  and  become  a  matter  of  public 
record. 

Pending  the  charge  of  impeachment  against  the  Mayor,  the  City 
Council  may  suspend  him  from  office  for  a  period  of  not  exceeding 
thirty  days,  and  if  upon  final  hearing  the  conclusions  and  findings  of 
the  City  Council  are  that  the  Mayor  be  impeached  and  removed  from 
office,  such  findings  shall  be  final. 

Sec.  6.  VETO  POWER  OF  THE  MAYOR. — Every  ordinance,  reeolu- 
tion  or  motion  of  the  City  Council  shall,  before  it  takes  effect,  be  pre- 
sented to  the  Mayor  for  his  approval  and  signature.  If  he  approves  it, 
he  shall  sign  it;  if  he  disapproves  it,  he  shall  specify  his  objection 
thereto  in  writing  by  the  next  regular  meeting  of  the  City  Council,  and 
return  the  same  to  the  City  Council,  with  such  disapproval.  If  he  does 
not  return  it  with  such  disapproval,  nor  sign  it,  it  shall  upon  the  ex- 
piration of  the  time  for  its  return  to  the  City  Council  with  his  dis- 
approval, be  in  effect  and  force,  the  same  as  if  he  had  approved  it. 


30  Charter  of  the 


The  City  Council  may,  in  case  of  the  veto  of  any  ordinance  or 
resolution  by  the  Mayor,  pass  the  same  over  the  veto  of  the  Mayor  by  a 
majority  vote,  but  in  all  such  cases  the  Mayor  shall  not  be  deprived  of 
his  right  to  vote  as  a  member  of  the  City  Council  by  reason  of  the  veto. 
In  case  the  Mayor's  veto  is  sustained,  the  matter  shall  not  again  come 
before  the  Council  within  six  months,  but  in  ordinances  or  resolutions 
making  appropriations,  the  Mayor  may  veto  any  or  every  item  therein, 
but  such  veto  shall  only  extend  to  the  items  so  vetoed,  and  those  which 
he  approves  shall  become  effective,  and  those  which  he  disapproves  shall 
not  become  effective,  unless  passed  over  his  veto  in  the  manner  above 
specified. 

Sec.  7.  GENERAL  POWERS  OF  THE  MAYOR.— The  Mayor  shall 
have  and  exercise  such  powers,  prerogatives  and  authority,  acting  in- 
dependently of  or  in  concert  with  the  City  Council,  as  are  conferred  by 
the  provisions  of  this  act,  or  as  may  be  conferred  upon  him  by  the  City 
Council,  not  inconsistent  with  the  general  purposes  and  provisions  of 
this  charter,  and  shall  have  the  power  to  administer  oaths,  and  shall 
sign  all  contracts  and  shall  have  the  right  and  authority  at  any  time 
to  remove  any  officer  or  employe  of  the  city  subject  to  the  provisions 
of  this  act;  provided,  however,  he  shall  not  have  the  right  to  remove 
one  of  the  Aldermen  of  the  city  or  the  Controller,  except  by  acting  in 
concert  with  the  other  Aldermen  as  the  City  Council, 

In  case  of  the  disability  or  absence  of  the  Judge  of  the  Corporation 
Court,  the  Mayor,  or  in  the  absence  or  disability  of  the  Mayor,  the 
Mayor  Pro  Tem,  shall  act  as  Judge  of  the  Corporation  Court. 

Sec.  8.  ANNUAL  BUDGET.— It  shall  be  the  duty  of  the  Mayor  from 
time  to  time  to  make  such  recommendations  to  the  Council  as  he  may 
deem  to  be  for  the  welfare  of  the  city,  and  on  the  second  Monday  of 
March  of  each  year  to  submit  to  the  Council  the  annual  budget  of  the 
current  expenses  of  the  city  for  that  fiscal  year,  each  item  in  which 
may  be  increased,  reduced  or  omitted  by  the  Council,  subject  to  the  veto 
power  of  the  Mayor. 

The  fiscal  year  of  the  City  of  Houston  is  hereby  designated,  beginning 
with  the  first  day  of  March  of  each  year  and  closing  with  the  last  day 
of  February  next  ensuing  thereafter. 

Sec.  9.  SALARY  OF  THE  MAYOR.— The  salary  of  the  Mayor  of  the 
City  of  Houston  shall  be  four  thousand  dollars  per  annum,  which  said 
salary  shall  be  payable  in  equal  monthly  installments.  The  Mayor  shall 
devote  his  entire  time  to  looking  after  the  business  and  administration 
affairs  of  said  city,  or  performing  such  duties  as  may  devolve  upon  or  be 
encumbent  upon  him  to  perform,  and  if  for  any  reason,  except  in  case  of 
sickness  or  on  business  for  the  city,  the  Mayor  shall  absent  himself 
from  the  city  or  fail  or  refuse  to  perform  and  discharge  the  duties  of 
his  office,  for  a  period  of  time  exceeding  fifteen  days,  he  shall  not  be 
allowed  any  compensation  for  such  time,  exceeding  fifteen  days,  as  he 
may  fail  to  perform  the  duties  of  his  office,  but  his  salary  shall  for 
each  and  every  day  during  such  time  and  in  excess  of  the  fifteen  days, 
be  ratably  reduced  and  deducted  from  his  next  monthly  payment. 


City  of  Houston  31 


ARTICLE  VII. 

Section  1.  CITY  COUNCIL.— There  shall  be  a  City  Council  of  the 
City  of  Houston,  which  shall  consist  and  be  composed  of  a  Mayor  and 
four  Aldermen,  with  full  power  and  authority,  except  as  herein  other- 
wise provided,  to  exercise  all  powers  conferred  upon  the  city  subject  to 
the  veto  power  of  the  Mayor  as  hereinbefore  provided. 

Sec.  2.  QUALIFICATION  OF  ALDERMEN.— No  person  shall  be 
elected  an  Alderman  unless  he  be  a  citizen  of  the  United  States,  and 
shall  have  been  for  five  years  immediately  preceding  such  election  a 
citizen  of  the  City  of  Houston,  and  for  two  years  prior  to  his  election 
a  bona  fide  owner  of  real  estate  in  said  city. 

All  Aldermen  shall  be  elected  by  a  vote  of  the  people  at  large,  and 
if  nominated  by  any  political  party  or  organization  as  a  candidate  at 
any  primary  election,  said  nomination  shall  be  made  by  voting  for  the 
candidate  at  large  in  said  city. 

No  .person  shall  be  eligible  to  office  who  shall  have  been  nominated  in 
any  primary  election  in  a  ward  or  precinct  of  the  city,  or  in  any 
manner  which  will  prevent  the  voters  at  large  in  said  city  from  exer- 
cising the  privilege  of  voting  for  or  against  said  candidate. 

Sec.  3.  JUDGE  OF  ELECTIONS.— The  City  Council  shall  be  the 
judge  of  the  election  and  qualification  of  its  own  members,  subject  to 
review  by  the  courts,  in  case  of  contest. 

Sec.  4.  RESTRICTIONS  UPON  MEMBERS  OF  THE  COUNCIL.— No 
member  of  the  City  Council  shall  hold  any  other  public  office,  or  hold 
any  office  or  employment,  compensation  for  which  is  paid  out  of  public 
moneys;  nor  be  elected  or  appointed  to  any  office  created  by,  or  the 
compensation  of  which  was  increased  or  fixed  by  the  City  Council  while 
he  was  a  member  thereof,  until  after  the  expiration  of  at  least  one  year 
after  he  has  ceased  to  be  a  member  of  the  City  Council.  Nor  shall  any 
member  of  the  City  Council,  or  any  officer  of  the  City  of  Houston,  be 
pecuniarily  interested,  directly  or  indirectly,  in  any  contract  let  by 
the  city.  Board  of  School  Trustees  of  the  Independent  School  District  of 
the  City  of  Houston  on  any  work  done  by  the  city  or  by  the  Board  of 
School  Trustees  of  the  Independent  School  District  of  the  City  of 
Houston,  nor  in  any  matter  wherein  the  rights  or  liabilities  of  the  City 
of  Houston  are,  or  may  be  involved;  nor  shall  any  member  of  the 
City  Council,  or  any  other  officer  of  the  city,  be  interested,  directly 
or  indirectly,  in  any  public  work  or  contract  let,  supervised  or  con- 
trolled, or  which  shall  be  paid  for,  wholly  or  in  part,  by  the  State  of 
Texas,  or  any  of  the  counties  or  municipalities  therein,  whether  in- 
corporated under  general  or  special  law. 

In  the  event  any  such  officer  of  the  City  of  Houston  shall  become 
interested,  directly  or  indirectly,  in  any  contract  or  work,  purchase  or 
sale  made  by  the  City  of  Houston,  then  the  said  contract  or  work,  pur- 
chase or  sale,  shall  become  null  and  void  and  shall  be  discontinued,  and 
new  arrangements  shall  be  entered  into  as  in  case  of  the  incipiency  of 
the  contract  or  work,  purchase  or  sale. 


32  Charier  of  the 


Any  member  of  the  City  Council,  or  any  officer  or  employe  of  the 
city,  becoming  interested,  directly  or  indirectly,  as  aforesaid,  in  any 
contracts,  work,  purchase  or  sale,  by  or  with  any  of  the  agencies  afore- 
said, shall  forfeit  all  right  or  claim  to  the  title  and  emoluments  of  any 
office  which  he  may  happen  to  hold  in  said  city,  and  shall  be  ex- 
pelled therefrom  by  the  Mayor  or  City  Council,  or  if  they  shall  fail 
to  remove  said  officer,  employe  or  member  of  the  City  Council  guilty 
as  aforesaid,  he  shall  nevertheless  be  subject  to  removal  upon  the  action 
of  any  five  citizens  taken  in  one  of  the  district  courts  of  Harris  County 
In  such  proceedings  as  are  appropriate  and  proper,  and  shall  in  addition 
be  guilty  of  misdemeanor  felony,  as  the  case  may  be,  as  is  or  may  be 
provided  in  the  penal  statutes  of  the  State  of  Texas. 

Sec.  5.  RULES  OF  THE  COUNCIL.— The  City  Council  shall  de- 
termine its  own  rules  of  procedure,  may  punish  its  members  for  dis- 
orderly conduct,  shall  compel  the  attendance  of  members,  and  with  the 
concurrence  of  a  majority  of  the  members  elected,  may  impeach  a 
member. 

Any  member  of  the  City  Council  who  shall  have  been  convicted  of 
bribery  or  who  shall  violate  any  of  the  provisions  of  this  act  shall 
forfeit  his  office  and  the  emoluments  attached  thereto. 

Sec.  6.  MEETINGS  OF  THE  COUNCIL.— The  City  Council  shall 
prescribe  by  ordinance  the  time  and  place  of  its  meetings,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

A  majority  of  the  members  of  the  Council  shall  constitute  a  quorum 
to  do  business;  shall  sit  with  open  doors;  shall  keep  a  journal  of  its 
jwn  proceedings,  which  shall  be  public  and  constitute  one  of  the 
archives  of  the  city. 

The  Council  shall  act  only  by  ordinance,  resolution  or  motion,  and  all 
ordinances,  resolutions  or  motions,  except  ordinances  making  appro- 
priations, shall  be  confined  to  one  subject,  which  shall  be  clearly 
expressed  in  the  title,  and  ordinances  making  appropriations  shall  be  con- 
fined to  the  subject  of  appropriation. 

The  ayes  and  nayes  shall  be  taken  upon  the  passage  of  all  ordinances 
or  resolutions  and  entered  upon  the  journal  of  its  proceedings,  and 
every  ordinance,  resolution  or  motion  shall  require  on  final  passage 
the  affirmative  votes  of  the  majority  of  all  the  members  of  the  City 
Council. 

No  ordinance  or  resolution  shall  be  passed  finally  on  the  date  it  is 
introduced,  except  In  the  case  of  public  emergencies,  and  then  only 
when  requested  by  the  Mayor  in  writing;  provided  that  no  ordinance  or 
resolution  making  a  grant  of  any  franchise  or  special  privilege  shall 
ever  be  passed  as  an  emergency  measure. 

Sec.  7.  VACANCIES. — In  case  of  the  death,  resignation,  removal 
from  the  city,  or  disqualification  arising  from  any  cause,  of  any  Alder- 
man, his  office  shall  thereupon  become  vacant  and  an  election  shall  be 
ordered  by  the  City  Council  to  elect  his  successor.  At  least  twenty 
days  notice  of  said  election  shall  be  given,  by  publication  in  some 
daily  newspaper  in  the  City  of  Houston,  and  said  election  shall  be  held 
pursuant  to  the  provisions  of  this  act,  or  as  may  be  required  by  the 
laws  of  the  State  of  Texas,  when  not  in  confiict  with  this  act. 


City  of  Houston  33 


Sec.  8.  The  City  Council  shall,  consistent  with  the  provisions  of  this 
act,  have  power  to  establish  any  office  that  may  in  its  opinion  be  neces- 
sary or  expedient  for  the  conduct  of  the  city's  business  or  government, 
and  may  fix  its  salary  and  define  its  duties;  provided,  however,  that 
all  offices  established  by  the  Council  shall  be  subject  to  discontinuance 
or  be  abolished  by  the  Council  at  any  time,  and  any  encumbent  of  any 
office,  except  the  Controller,  may  be  removed  at  any  time  by  the  Mayor, 
with  or  without  the  concurrence  of  the  Council;  and  in  no  case  shall 
any  officer  or  employe  of  the  city  be  entitled  to  receive  any  compen- 
sation or  emolument  of  any  office  which  may  be  abolished,  or  from 
which  he  may  be  removed,  except  for  services  rendered  to  the  date 
when  the  office  was  abolished  or  the  encumbent  removed. 

The  Council  shall  require  all  officers  of  the  city  to  give  bond  in 
such  sum  as  may  be  prescribed  by  ordinance,  which  sum  shall  always 
be  of  sufficient  amount  amply  to  protect  the  city. 

Sec.  9.  The  Mayor  or  the  City  Council,  or  a  committee  of  the  city 
duly  authorized  by  it,  may  and  it  shall  be  their  duty  at  any  and  all 
times  to  investigate  each  and  every  department  of  the  city  government 
and  the  official  acts  and  conduct  of  the  city  officials;  and  for  the  pur- 
pose of  ascertaining  facts  in  connection  with  such  investigation,  shall 
have  power  to  compel  the  attendance  and  testimony  of  witnesses;  to 
administer  oaths  and  to  examine  such  persons  as  they  may  deem  neces- 
sary and  to  compel  the  production  of  books  and  documents.  Failure 
to  appear  by  any  one  when  served  with  notice  to  do  so  shall  be  a 
contempt,  which  may  be  punished  by  fine,  and  in  default  of  the  pay- 
ment thereof  within  five  days,  the  person  so  fined  may  be  imprisoned. 
Willful  false  swearing  in  such  investigations  and  examinations  shall  be 
perjury  and  punishable  as  such. 

Sec.  10.  It  shall  be  the  duty  of  the  City  Council  at  its  second  meet- 
ing in  April,  or  any  time  thereafter,  of  every  year,  to  appropriate  such 
sums  of  money  respectively  for  each  of  the  various  departments  of  the 
city  government  as  it  may  deem  necessary  for  their  maintenance  during 
the  current  year.  The  current  fiscal  year  shall  begin  on  the  first  day 
of  March  of  each  year,  and  end  on  the  last  day  of  February  next  there- 
after. 

In  addition  to  the  departmental  appropriations  herein  provided  for, 
the  Council  shall  also  make  such  appropriations  for  contingent  pur- 
poses as  may  be  deemed  necessary.  The  Council  may  also  at  the  same 
or  any  subsequent  time  appropriate  a  sum  not  to  exceed  one  thousand 
dollars  ($1,000.00)  to  be  used  by  the  Mayor  as  an  emergency  fund  for 
any  current  year,  and  for  which  he  shall  not  be  required  to  account. 

The  appropriations  herein  provided  for  shall  be  based  upon  estimates 
submitted  by  the  Mayor  in  his  annual  budget. 

The  head  of  each  department  created  by  the  City  Council  shall  make  a 
written  report  to  the  Mayor,  not  later  than  the  fifth  day  of  March  in 
each  and  every  year,  showing  the  operations  of  the  department  for  the 
preceding  year.  These  reports  shall  be  transmitted  to  the  Mayor,  and 
shall  accompany  and  be  made  a  part  of  the  Mayor's  report  to  the  City 
Council,  which  report  shall  be  made  not  later  than  the  fifteenth  day  of 
March  of  each  year. 


34  Charter  of  the 


The  Mayor  shall  also  make  such  recommendations  to  the  City  Council 
concerning  the  increase  or  decrease  of  departmental  estimates  as  in  his 
judgment  may  best  serve  the  interests  of  the  city,  and  he  shall  also 
submit  an  estimate  for  a  general  contingent  fund  for  the  current  year. 

In  making  up  the  budget  allowance  for  any  current  year,  the  City 
Council  shall  first  make  provision  for  the  payment  of  the  interest  and 
the  creation,  setting  aside  and  preservation  of  a  legal  sinking  fund  upon 
all  of  the  outstanding  bonded  indebtedness  of  the  city,  and  shall  then 
make  such  appropriations  as  the  remaining  revenues  of  the  city  justify, 
to  be  apportioned  among  the  respective  departments,  or  otherwise 
appropriated  for  public  uses,  as  to  the  Council  may  seem  best;  provided, 
however,  that  in  no  case  shall  the  entire  appropriation  as  made,  which 
comprehends  interest  and  sinking  fund  on  the  bonded  debt,  together 
with  other  public  uses  and  purposes,  ever  exceed  the  estimated  avail- 
able resources,  which  shall  be  based  upon  the  probable  revenues  of  the 
city  derived  from  ad  valorem  taxes  upon  the  basis  of  the  total  valuation 
of  the  property  for  taxation  for  the  preceding- year,  and  of  such  other 
contingent  revenues  of  the  city  as  may  probably  accrue. 

It  shall  be  deemed  a  malfeasance  for  the  City  Council  to  make  an 
appropriation  in  the  budget,  the  sum  total  of  which  shall  exceed  the 
estimated  available  or  probable  revenues  for  any  current  fiscal  year. 

Sec.  11.  BUSINESS  SESSIONS.— For  the  purpose  of  conducting  and 
transacting  the  ordinary  business  and  administrative  affairs  of  the  city, 
the  City  Council  shall  be  continuously  in  executive  session,  or  open 
and  ready  to  be  convened  therefor  at  any  time,  and  at  such  hours  as 
the  Mayor  may  designate,  and  it  is  hereby  declared  to  be  the  duty  of 
every  member  of  the  City  Council  to  attend  at  all  times  the  executive 
sessions  which  may  be  called  by  the  Mayor,  or  in  case  of  his  failure  to 
call  the  same,  by  a  majority  of  the  members  of  the  City  Council,  When- 
ever they  deem  it  expedient  to  do  so. 

Sec.  12.  SALARY. — The  Aldermen  shall  each  receive  a  salary  of 
twenty-four  hundred  dollars  ($2,400.00)  per  annum,  payable  in  equal 
monthly  installments,  and  shall  devote  their  entire  time  to  the  service 
of  the  city,  and  shall  perform  all  of  the  duties  required  by  this  act,  and 
such  other  administrative  duties  as  may  be  allotted  or  designated  by 
the  Mayor,  from  time  to  time. 

The  Council  may  remove  at  any  time  any  Alderman  by  majority  vote, 
for  inattention  to  the  affairs  of  the  city,  misconduct,  or  any  grounds 
sufficient  in  judgment  of  the  Council  for  removal. 


ARTICLE  VIII. 

CITY  CONTROLLER. 

Section  1.  MANNER  OF  ELECTION.— The  City  Council  shall  at  its 
first  meeting  in  May,  1906,  or  as  soon  thereafter  as  it  may  be  disposed 
to  do  so,  and  bi-ennially  thereafter,  elect  a  Controller,  who  shall  hold 
his  office  for  two  years  or  until  his  successor  is  elected  and  qualified  in 
the  manner  prescribed  above,  and  who  shall  not  be  removed  except  by 
Impeachment  proceedings  of  the  City  Council,  at  which  proceedings  he 


City  of  Houston  36 


shall  be  given  ample  opportunity  to  be  heard,  and  may  be  represented 
by  counsel,  with  the  right  to  summon  witnesses  and  compel  the  pro- 
duction of  books  and  papers  upon  process  duly  issued  by  the  City 
Council. 

It  shall  require  a  majority  vote  of  all  the  members  of  the  City  Council, 
which  shall  be  a  matter  of  record,  to  impeach  the  Controller. 

Sec.  2.  DUTIES  OF  THE  CONTROLLER.— It  shall  be  the  duty  of 
the  Controller  to  superintend  and  supervise  the  fiscal  affairs  of  the 
city,  and  to  manage  and  conduct  the  same  as  prescribed  by  this  act. 
He  shall  give  bond  in  such  sum  as  may  be  fixed  by  ordinance,  condi- 
tioned that  he  will  faithfully  and  honestly  perform  and  discharge  the 
duties  of  the  office  as  the  same  are  herein  defined,  or  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  the  provisions  of  this  act. 

Sec.  3.  BOOKS  OF  ACCOUNT.— It  shall  be  the  duty  of  the  Con- 
troller to  keep  books  of  account  of  the  City  of  Houston,  and  to  make 
such  financial  reports  and  statements  as  are  provided  by  the  terms  of 
this  act.  His  books  of  account  shall  exhibit  accurate  and  detailed  state- 
ments' of  all  moneys  received  and  expended  for  account  of  the  city 
by  all  city  officials  and  other  persons,  and  shall  show  in  detail  the 
property  owned  by  the  city  and  the  income  derived  therefrom. 

He  shall  also  keep  separate  accounts  of  each  and  every  appropriation 
made  by  the  City  Council,  showing  the  date  thereof  and  the  purposes 
for  which  the  same  is  made,  and  shall  show  for  what  each  payment  of 
any  public  money  is  made  and  the  manner  of  making  the  same,  and  to 
whom  same  is  made. 

He  shall  keep  a  separate  account  with  each  department  of  the  city 
government,  and  also  such  other  accounts  as  may  be  necessary  to  show 
a  complete  financial  statement  of  the  city,  and  he  shall  be  prepared  at 
every  regular  meeting  of  the  City  Council  to  give  such  information 
concerning  the  finances  of  the  city  as  the  Council  may  require. 

All  warrants  or  orders  for  payment  of  any  public  fund  or  moneys 
for  any  purpose  shall  be  signed  by  the  Controller  and  the  Mayor.  No 
warrant  not  signed  by  the  Controller  shall  be  authority  for  the  payment 
of  any  public  funds  whatever,  but  the  Controller  shall  in  no  instance, 
unless  the  money  is  in  the  treasury  and  in  the  fund  against  which  it  is 
drawn,  sign  any  warrant  or  order  for  the  payment  of  any  sum  or 
amount  for  any  purpose;  provided,  however,  that  nothing  herein  con- 
tained shall  prevent  the  issue  and  sale  of  warrants  to  anticipate  the 
current  revenue  for  any  one  year,  which  said  warrants  shall  bear  such 
rate  of  interest,  not  exceeding  five  per  cent,  as  the  City  Council  by 
ordinance  may  prescribe. 

He  shall  not  sign  any  contract  nor  make  or  execute  any  warrant  or 
order  for  the  payment  of  any  sum  of  money,  unless  the  same  be  legal, 
and  all  prerequisites  and  requirements  shall  have  been  complied  with, 
nor  until  after  an  appropriation  has  been  duly  and  legally  made  there- 
for. 

He  shall,  whenever  deemed  necessary,  require  all  accounts  presented 
to  him  for  settlement  or  payment  to  be  certified  to  by  affidavit,  and  he 
is  hereby  authorized  to  administer  oaths,  with  authority  to  compel  and 
require  persons  to  answer  such  questions  as  may  be  propounded  to  them 


36  Charter  of  the 


touching  the  correctness  of  any  account  or  claim  against  the  city.  He 
shall  require  all  persons  who  shall  have  received  any  moneys  belonging 
to  the  city,  and  not  having  accounted  therefor,  to  settle  their  ac- 
counts, and  it  is  hereby  made  his  duty  from  time  to  time  to  require 
all  persons  receiving  moneys,  or  having  the  disposition  or  management 
of  any  property  of  the  city  of  which  an  account  is  kept  in  his  office,  to 
render  statements  thereof  to  him;  provided,  that  no  warrant  or  order 
shall  ever  be  issued  in  favor  of  any  person  or  corporation,  or  to  the  as- 
signee or  agent  of  any  p6rson  indebted  in  any  manner  for  taxes  or  other- 
wise to  the  city,  unless  such  debt  so  due  and  owing  to  the  city  be  paid. 

No  disbursing  officer  of  the  city,  nor  any  one  having  money  in  his 
possession  for  the  account  of  the  city,  shall  pay  the  same  to  any  person 
or  persons  for  the  account  of  the  city,  except  to  the  regularly  desig- 
nated officer  or  custodian  of  the  public  funds  for  the  city,  except  upon 
draft  or  warrant  countersigned  by  the  Controller  of  the  City  of  Hous- 
ton, and  signed  by  the  Mayor;  and  the  Controller  shall  not  countersign 
any  such  draft  or  warrant  until  he  has  audited  and  examined  the  claim 
and  found  the  same  justly  and  legally  due  and  payable,  and  that  the 
payment  has  been  legally  authorized,  and  appropriation  therefor  duly 
made,  and  that  the  appropriation  has  not  been  exhausted. 

Sec.  4.  ANNUAL  REPORT.— The  City  Controller  shall,  on  or  before 
the  fifteenth  day  of  March  in  each  year,  prepare  and  transmit  to  the 
City  Council  a  report  of  the  financial  transactions  of  the  city  during  the 
fiscal  year  ending  the  last  day  of  February  next  preceding,  and  of 
its  financial  condition  on  the  said  last  named  day  in  February.  The 
report  shall  contain  an  accurate  statement  in  summarized  form  and  also 
in  detail  of  the  financial  receipts  of  the  city  from  all  sources  and  the 
expenditures  of  the  city  for  all  purposes,  together  with  a  detailed 
statement  of  the  debt  of  said  city,  and  the  purposes  for  which  said  debt 
was  incurred,  and  of  the  property  of  said  city,  and  of  the  accounts  of 
the  city  with  the  grantees  of  franchises. 

In  addition  to  the  annual  statement  herein  required  and  of  the  re- 
ports which  may  be  demanded  by  the  Council  at  any  time,  it  is  espe- 
cially made  the  duty  of  the  Controller  to  be  able  to  show  at  any  time, 
and  certainly  upon  or  immediately  after  the  first  of  each  month,  a  com- 
prehensive and  accurate  statement  of  the  financial  affairs  of  the  City 
of  Houston,  and  if  any  officer  of  any  department  or  any  employe  of 
the  city  shall  fail  to  make  such  stated  or  stipulated  reports  as  and  at 
the  times  required  either  by  the  Mayor  or  the  City  Council,  it  shall 
be  the  duty  of  the  Controller  to  report  such  delinquency  or  failure  to 
the  Mayor,  and  further  to  state  at  any  time  any  carelessness  or  negli- 
gence of  any  officer  or  employe  in  the  making  or  stating  of  reports 
covering  any  matter  within  the  range  of  the  duty  of  said  officer  or 
employe. 

Sec.  5.  RIGHT  TO  EXAMINE  THE  BOOKS  OF  THE  GRANTEES 
OF  PUBLIC  FRANCHISES.— The  City  of  Houston  shall  have  the  right 
to  regulate  the  rates,  fares,  tolls  and  charges  to  be  collected  from  the 
public  by  any  holders,  owners,  operators,  persons  or  incorporations 
enjoying  any  grants  or  franchises  from  the  City  of  Houston,  per- 
taining to  public  utilities,  including  furnishing  of  lights,  water,  tele- 
phones and  street  car  service,  etc.,  pertaining  to  a  public  or  quasi 
public  duty,  and  the  right  and  authority  is  hereby  given  to  the  Mayor 


City  of  Houston  37 


or  to  the  City  Council  to  require  the  City  Controller  or  such  other 
officer  or  employe  as  may  be  designated,  to  examine,  carefully  inspect 
all  of  the  books,  accounts,  papers  and  documents,  as  well  as  the  prop- 
erty of  such  persons  or  corporations  using  and  enjoying  any  of  said 
grants  or  franchises  from  the  City  of  Houston  as  above  stated,  and 
to  make  such  reports  of  said  examination  as  required  by  the  Mayor 
or  City  Council,  when  deemed  necessary,  for  the  following  purposes: 

1.  When  such  franchise  or  grant  was  made  upon  the  consideration 
and  agreement  that  the  City  of  Houston  should  receive  a  per  cent,  or 
portion  of  the  revenue  derived  from  the  use  of  said  grant  or  franchise. 

2.  When  the  persons  or  corporations  above  referred  to  have  listed 
their  property  for  taxation  at  a  valuation  deemed  by  the  City  Council 
or  the  Mayor  to  be  below  its  actual  value,  or  fails  to  list  the  same 
for  taxation. 

?,.  When  the  City  Council  desires  to  fix  the  rates,  fares,  tolls 
and  charges  which  said  persons  or  corporations  above  described  shall 
charge  the  public  for  water,  lights,  transportation  or  other  services 
rendered  or  furnished  under  the  franchises  granted  to  it  or  them 
by  the  City  of  Houston,  and  the  information  is  desired  or  deemed 
necessary  by  the  Mayor  or  City  Council  as  a  basis  upon  which  to  fix  a 
proper  rate. 

4.  When  the  Mayor  or  City  Council  have  directed  the  individuals 
or  corporations  above  specified  to  extend  their  lines  and  service,  or 
to  improve  their  service  in  any  manner  necessary  for  the  public  com- 
fort and  convenience,  or  to  make  improvements  and  betterments  of 
their  property,  and  such  persons  or  corporations  demur  thereto  on 
the  ground  that  the  income  from  their  property  used  under  said  fran- 
chise is  not  sufficient  to  justify  the  same. 

Such  examinations  and  reports  provided  for  in  this  section  are 
for  the  purpose  of  ascertaining  the  value  of  the  property  and  the 
income  derived  from  it,  and  the  reasonable  expense  for  its  operation. 


ARTICLE  IX.         , 

6ENEBAL    PROVISIONS. 

Section  1.  ACTIONS  BY  CITIZENS. — Any  citizen  who  is  a  property 
taxpayer  of  the  City  of  Houston  may  maintain  an  action  in  the  proper 
court  to  restrain  the  execution  of  any  illegal,  unauthorized  or  fraudu- 
lent contract  or  agreement  on  behalf  of  said  city,  and  to  restrain  any 
disbursing  officer  of  said  city  from  paying  any  illegal,  unauthorized  or 
fraudulent  bills,  claims  or  demands  against  said  city,  or  any  salaries  or 
compensation  to  any  person  in  its  administrative  service  whose  ap- 
pointment has  not  been  made  in  pursuance  of  the  provisions  of  law 
and  the  regulations  in  force  thereunder.  And  in  case  any  such  illegal, 
unauthorized  or  fraudulent  bills,  claims  or  demands,  or  any  such 
salary  or  compensation,  shall  have  been  paid,  such  citizen  may  main- 
tain an  action  in  the  name  of  said  city  against  the  officer  making  such 
payment  and  the  party  receiving  the  same,  or  either,  or  both,  to  recover 
the  amount  so  paid,  and  such  amount,  after  deducting  all  expenses  of 
the  action  shall  be  paid  into  the  city  treasury;  provided,  however,  that 


Charter  of  the 


the  court  may  require  such  citizen  to  give  security  to  indemnify  the 
city  against  costs  of  court,  unless  the  court  shall  decide  that  there 
was  reasonable  cause  for  bringing  the  action.  The  right  of  any  prop- 
erty taxpayer  of  the  city  to  bring  an  action  to  restrain  the  payment  of 
compensation  to  any  person  appointed  to  or  holding  any  office,  place 
or  employment  in  violation  of  ahy  of  the  provisions  of  this  act,  shall 
not  be  limited  or  denied  by  reason  of  the  fact  that  said  office,  place  or 
employment  shall  have  been  classified  as,  or  determined  to  be,  not  sub- 
ject to  competitive  examination;  provided,  however,  that  any  judg- 
ment or  injunction  granted  or  made  in  any  such  action  shall  be  pros- 
pective only,  and  shall  not  affect  payments  already  made  or  due  to  such 
persons  by  the  proper  disbursing  officers. 

In  case  of  any  unsatisfied  judgment,  or  any  suit  or  process  of  law 
against  said  city,  any  five  or  more  citizens  who  are  freeholders  of 
said  city  shall,  upon  petition,  accompanied  by  affidavit  that  they  be- 
lieve that  injustice  will  be  done  to  said  city  in  said  suit  or  judgment,  be 
permitted  to  intervene  and  inquire  into  the  validity  of  said  judgment, 
or  defend  said  suit  or  action  as  fully  and  completely  as  the  officers  of 
said  city  would  by  law  have  the  right  to  do. 

Sec.  2.  ELECTIONS.— That  in  each  voting  precinct  of  the  city,  as 
the  same  may  be  legally  defined,  shall  be  established  and  arranged  at 
least  one  voting  place,  and  where  two  or  more  voting  places  are  estab- 
lished, they  shall  be  so  located  as  to  be  most  convenient  to  the  greatest 
number  of  voters,  with  a  distinct  set  of  election  officers,  ballot  boxes 
and  registration  books  for  each  voting  place;  provided,  the  voter  shall 
vote  in  the  district  or  precinct  of  his  residence. 

The  City  Council  shall  make  all  necessary  regulations  concerning  elec- 
tions; the  manner  and  method  of  holding  the  same.  Such  regulations, 
however,  shall  be  in  keeping  with  the  provisions  of  this  act,  and  shall 
be  in  keeping  with  and  consistent  with  the  provisions  of  the  State 
law  applicable  to  elections  in  municipalities,  in  so  far  as  the  same  may 
be  practicable,  and  the  City  Council  shall  provide  for  the  examination 
and  counting  of  the  returns  of  elections,  declarations  of  the  result 
thereof  and  the  issuance  of  proper  certificates  to  the  successful  candi- 
dates; and  it  is  hereby  made  the  duty  of  the  Council  to  examine  and 
count  the  returns  at  its  first  regular  meeting  after  the  election 
shall  be  held,  or  If  no  regular  meeting  shall  be  held  within  one 
week  after  an  election  is  held,  it  is  hereby  made  the  duty  of  the  Mayor 
to  call  a  special  meeting  of  the  Council  for  the  purpose  of  counting  the 
vote  and  determining  the  result  of  the  election  within  one  week  after 
the  election  is  held,  and  the  officers  declared  to  be  elected  at  such  elec- 
tion shall  be  entitled  to  qualify  immediately  after  the  declaration  of  the 
result  of  the  election  upon  taking  the  oath  of  office  prescribed  by  law. 

The  City  Council  may,  consistent  with  the  other  provisions  of  this 
act,  and  conforming  to  all  the  provisions  of  the  State  law  regulating 
primary  elections  in  cities  and  towns,  in  so  far  as  the  same  may  be  ap- 
plicable, prescribe  the  manner  and  method  of  holding  primary  elections 
by  all  political  parties  or  political  organizations  of  any  kind  whatso- 
ever, and  to  determine  the  rules  that  shall  obtain  with  respect  to  the 
representation  the  respective  parties  or  candidates  may  be  entitled  to 
at  the  polls;  may  prescribe  an  official  ballot,  official  returns,  etc.,  and 


City  of  Houston  39 


the  expense  of  all  primary  elections  held  for  the  purpose  of  nominat- 
ing candidates  of  any  political  party  or  organization  for  city  officers 
shall  be  borne  and  paid  for  by  the  City  of  Houston. 

Sec.  3.  PETITIONS. — The  petitions  provided  for  in  this  act  need 
not  be  on  paper,  and  may  be  printed  or  written,  but  the  signatures 
thereto  must  be  the  autograph  signatures  of  the  persons  whose  names 
purport  to  be  signed.  To  each  signature  the  house  address  of  the  signer 
must  be  added,  and  the  signature  must  be  made,  acknowledged  or 
proved  before  an  officer  authorized  by  law  to  take  acknowledgments 
and  proof  of  deeds.  The  certificate  of  such  officer  under  his  official 
seal  that  a  signature  was  so  made  and  acknowledged  or  proved  shall 
be  sufficient  proof  of  the  genuineness  of  the  signature  for  the  pur- 
poses of  this  act.  The  signing  of  another's  name,  or  of  a  false  or  ficti- 
tious name,  to  a  petition,  or  the  signing  of  a  certificate  falsely  stating 
either  that  a  signature  was  made  in  presence  of  the  officer  or  acknowl- 
edged or  proved  before  him,  shall  be  punishable  as  a  forgery. 

Sec.  4.  PUBLIC  ACT.— That  this  act  shall  be  deemed  a  public  act, 
and  judicial  notice  shall  be  taken  thereof  in  all  courts. 

Sec.  5.  EXISTING  ORDINANCES.— All  ordinances  of  the  City  of 
Houston,  not  inconsistent  with  the  provisions  of  this  charter,  shall  re- 
main in  full  force  and  effect  until  altered,  amended  or  repealed  by  the 
City  Council;  provided,  that  the  power  to  pass  such  ordinances  under 
former  charters  has  not  been  repealed  expressly  or  impliedly  by 
the  terms  of  this  act. 

Sec.  6.  THE  PRESENT  OFFICERS.— All  elective  officers  elected 
at  the  last  regular  city  election,  except  the  Mayor,  Aldermen  and 
City  Attorney,  unless  sooner  removed  by  the  Mayor  or  City  Council 
for  cause,  shall  retain  their  offices  and  receive  the  pay  at  present 
provided,  until  two  years  have  expired  from  and  after  the  date  of 
their  election  and  qualification  in  April,  1904. 

All  appointive  officers,  or  all  officers  whose  positions  are  created 
by  charter  or  ordinance,  not  elected  by  the  people,  shall  hold  their 
offices  and  continue  in  the  service  of  the  city  subject  to  the  will  and 
pleasure  of  the  Mayor. 

Sec.  7.  PRINTED  ORDINANCES  AS  EVIDENCE.— All  ordinances 
of  the  City  of  Houston  published  in  book  or  pamphlet  form,  and  pur- 
porting to  be  published  "By  Authority  of  the  City  Council  of  the  City 
of  Houston,"  shall  be  received  by  all  the  courts  of  the  State  of  Texas  as 
prima  facie  evidence  of  the  due  passage  and  publication  of  such  ordi- 
nances as  appear  therein;  provided,  that  no  person  shall  be  precluded 
from  showing  by  competent  evidence  that  any  ordinance  published  "By 
Authority  of  the  City  Council  of  the  City  of  Houston,"  as  aforesaid,  is 
not  a  true  copy  of  the  original  ordinance. 

Sec.  8.  CITY  NOT  REQUIRED  TO  GIVE  BOND.— It  shall  not  be 
necessary  in  any  action,  suit  or  proceeding  in  which  the  City  of  Hous- 
ton is  a  party  for  any  bond,  undertaking  or  security  to  be  demanded 
or  executed  by  or  on  behalf  of  said  city  in  any  of  the  State  courts,  but 
all  such  actions,  suits,  appeals  or  proceedings  shall  be  conducted  in 
the  same  manner  as  if  such  bond,  undertaking  or  security  had  been 


40  Charter  of  the 


given  as  required  by  law,  and  said  city  shall  be  just  as  liable  as  if 
security  or  bond  had  been  duly  executed. 

Sec,  9.  PUBLIC  PROPERTY  EXEMPT  FROM  EXECUTION  SALE. 
— The  property,  real  and  personal,  belonging  to  the  City  of  Houston 
shall  not  be  liable  to  be  sold  or  appropriated  under  any  writ  of  execu- 
tion, nor  shall  the  funds  belonging  to  the  city  in  the  hands  of  any 
person  be  liable  to  garnishment,  nor  shall  the  city  or  any  of  its  officers 
or  agents  be  required  to  answer  any  writ  of  garnishment  served  upon  or 
issued  against  it,  and  a  failure  to  do  so  shall  not  entail  any  liability 
upon  the  city,  but  if  the  Mayor  of  the  city  elects  so  to  do,  he  may  an- 
swer in  a  writ  of  garnishment  for  the  city  in  his  discretion. 

Sf.c.  10.  No  person  shall  be  an  incompetent  judge,  justice,  witness 
or  juror  by  reason  of  his  being  an  inhabitant  or  a  freeholder,  or  a  tax- 
payer of  the  City  of  Houston,  in  any  action  or  proceeding  in  which 
said  city  may  be  a  party  at  interest,  and  all  officers  and  employes  of 
said  city  shall  be  exempt  from  jury  service. 

Sec.  11.  Before  the  City  of  Houston  shall  be  liable  for  damages 
for  personal  injuries  of  any  kind,  the  person  injured  or  some  one  in 
his  behalf  shall  give  the  Mayor  or  City  Council  notice  in  writing  of 
such  injury  within  ninety  days  after  the  same  has  been  sustained, 
stating  in  such  notice  when,  where  and  how  the  injury  occurred,  and 
the  apparent  extent  thereof,  and  the  failure  to  so  notify  the  city 
within  the  time  and  manner  specified  herein  shall  exonerate,  excuse 
and  exempt  the  city  from  any  liability  whatsoever. 

Sec.  12.  LIABILITY  AND  NEGLIGENCE.— The  City  of  Houston 
shall  not  be  liable  to  any  person  for  damages  caused  from  streets,  ways, 
crossings,  bridges,  culverts  or  sidewalks  being  out  of  repair  from 
negligence  of  said  corporation  unless  the  same  shall  have  remained  so 
for  ten  days  after  special  notice  in  writing  given  to  the  Mayor  or 
City  Council. 

Sec.  13.  PLEADING  ORDINANCES.— It  shall  be  sufficient  in  all 
judicial  proceedings  to  plead  any  ordinance  of  the  city  by  caption, 
without  embodying  the  entire  ordinance  in  the  pleading,  and  all  printed 
ordinances  or  codes  of  ordinances  shall  be  admitted  in  evidence  in  any 
suit,  and  shall  have  the  same  force  and  effect  as  the  original  ordi- 
nance.   Certified  copies  of  ordinances  may  also  be  used  in  evidence. 

Sec.  14.  This  act  must  be  deemed  a  public  act  and  judicial  notice 
shall  be  taken  thereof  in  all  courts. 

Sec.  15.  OWNERSHIP  AND  REGULATION  OF  PUBLIC  UTILI- 
TIES.— The  right  is  hereby  granted  to  the  City  of  Houston  to  acquire 
its  public  utilities,  such  as  gas,  water  and  electric  light  works,  and 
underground,  surface  and  elevated  street  railways,  subways,  or  under- 
ground conduit  systems  for  electric  light,  power,  telephone,  telegraph 
and  other  wires  used  for  the  purpose  of  transmitting  any  electric  ser- 
vice. That  such  utilities  may  be  purchased  by  a  payment  in  cash  of 
twenty-five  percent  of  such  price,  the  balance  in  annual  installments, 
including  interest,  to  be  paid  out  of  the  revenues  of  such  utility,  and 
that  such  works  so  purchased  shall  stand  pledged  as  security  for  the 


City  of  Houston  41 


payment  of  the  amount  due  thereon,  but  that  no  judgment  shall  be 
rendered  against  the  city  upon  any  deferred  note,  requiring  the  city  to 
pay  any  specified  sum  of  money,  but  said  judgment  shall  be  merely  one 
of  foreclosure,  divesting  and  depriving  the  city  of  the  possession  of  the 
property  so  purchased  but  not  paid  for,  in  which  event  the  city  shall 
forfeit  and  lose  only  the  cash  payment  of  twenty-five  per  cent  of  the 
agreed  price,  without  liability  or  judgment  in  any  sum  for  the  unpaid 
purchase  price;  provided,  that  no  purchase  or  expenditure  shall  be 
made  under  this  section,  unless  the  same  shall  first  have  been  submitted 
to  the  vote  of  the  qualified  tax-paying  voters  at  an  election  to  be  held 
exclusively  for  that  purpose. 

And  the  right  is  hereby  expressly  granted  to  the  City  of  Houston  to 
regulate  all  public  utilities  in  said  city  and  to  require  efficiency  of 
public  service,  and  to  require  all  persons  or  corporations  to  discharge 
the  duties  and  undertakings  for  the  performance  of  which  the  re- 
spective franchises  were  made. 

Sec.  16.  IMPROVEMENT  DISTRICTS.— The  City  Council  may,  and 
upon  petition  shall,  divide  the  city  or  any  portion  of  the  corporate  ter- 
ritory thereof,  into  "Improvement  Districts,"  clearly  defining  the  limits 
and  boundaries  of  each  district;  and  shall  have  the  right  and  is  hereby 
authorized  to  borrow  money  on  the  credit  of  any  improvement  district 
so  created  in  the  city,  and  issue  bonds  therefor  for  the  purpose  of  con- 
structing and  laying  permanent  sidewalk  improvements  in  such  dis- 
trict, but  every  proposition  to  borrow  money  on  the  credit  of  any 
Improvement  district  for  permanent  sidewalk  improvements  therein 
shall  be  submitted  to  the  qualified  tax-paying  voters  living  within 
and  owning  property  in  such  district,  and  shall  distinctly  specify 
the  purpose  for  which  the  loan  is  desired,  and  the  permanent  side- 
walk improvements  proposed  to  be  constructed.  If  said  proposi- 
tion be  sustained  by  a  majority  of  the  votes  cast  in  such  election 
in  such  district,  such  loan  shall  be  lawful.  All  bonds  shall  specify 
for  what  purposes  they  are  issued,  shall  bear  interest  at  a  rate 
not  greater  than  five  per  cent  per  annum,  and,  when  sold,  shall 
net  not  less  than  par  value,  with  accrued  interest  to  date  of  pay- 
ment of  the  proceeds  into  the  city  treasury,  and  such  bonds  may 
be  negotiated  in  lots,  as  the  City  Council  may  direct.  No  debts 
shall  be  contracted  for  the  payment  whereof  such  bonds  are  issued 
until  such  bonds  shall  have  been  disposed  of,  and  no  debts  shall 
ever  be  created  against  any  such  improvement  district,  unless  at 
the  same  time  provision  be  made  to  assess  and  collect  annually  upon 
the  property  in  such  improvement  district  a  sum  sufficient  to  pay 
the  interest  on  such  bonds  and  create  a  sinking  fund  of  at  least  two 
per  cent  thereon.  The  interest  and  sinking  fund  tax  which  shall  be 
collected  annually  from  the  property  in  such  improvement  district  for 
such  bonds  shall  be  in  addition  to  the  other  current  taxes,  levied  by  the 
city,  never  exceed  twenty-five  cents  on  the  one  hundred  dollars  ap- 
praised valuation  of  property  in  said  district,  and  shall  be  kept  sepa- 
rate by  the  city  from  other  funds,  and  shall  not  be  diverted  or  used 
for  any  other  purpose  than  to  pay  interest  and  principal  on  such  bonds, 
and  the  City  Controller  shall  sign  no  draft  or  warrant  on  said  fund, 
except  to  pay  the  interest  and  redeem  the  bonds  for  which  it  was  pro- 
vided. The  sinking  fund  for  such  bonds  shall  be  invested  as  provided 
in   Section   1,   Article   IV  of  this   Charter,   or   in   bonds   of  such   im- 


r 


42  Charter 

provement  district.  The  tax  levied  for  interest  and  sinking  fund  for 
bonds s  issued  for  permanent  sidewalk  improvements  in  any  district 
shall  not  exceed  twenty-five  cents  on  the  one  hundred  dollars  valua- 
tion annually;  provided,  however,  that  all  property  situated  within 
any  improvement  district  which  may  be  created  under  the  authority 
of  this  section  shall  participate  to  its  full  extent  in,  and  be  equally 
improved  in  its  just  proportion  by  said  sidewalk  improvements. 

Sec.  17.  The  present  Mayor,  City  Attorney  and  members  of  the  City 
Council,  as  composed  under  the  Charter  of  1903,  shall  continue  to  serve 
and  receive  the  pay  provided  for  at  the  time  of  their  election,  until 
the  next  city  election  held  as  hereinafter  provided  in  this  act,  and 
until  the  qualiftcaticn  of  the  officers  elected  at  said  election,  and  shall 
temporarily  exercise  the  powers  and  be  subject  to  the  limitations  in 
this  charter  contained.  All  other  elective  officers  elected  at  the  last 
city  election,  unless  sooner  removed  for  cause,  shall  retain  their  offices 
and  receive  the  pay  at  present  provided  for  said  officers,  until  the  ex- 
piration of  two  years  from  and  after  their  ■  election  and  qualification 
in  April,  1904. 

It  shall  be  the  duty  of  the  Mayor  within  forty*  days  after  this  act 
becomes  a  law,  or  as  soon  thereafter  as  practicable,  to  order  an  elec- 
tion by  giving  twenty  days'  notice  thereof,  at  which  election  a  Mayor 
and  four  Aldermen  shall  be  elected  at  large  in  said  city;  or  if  for  any 
reason  the  Mayor  fails  to  make  said  call  for  said  election  within  a 
reasonable  time  it  shall  be  the  duty  of  the  City  Council,  by  a  majority 
vote  thereof,  to  issue  said  call  for  said  election  by  giving  twenty  days' 
notice  thereof.  Said  election  shall  be  held  as  provided,  for  herein,  and 
the  Mayor  and  four  Aldermen  so  elected  at  said  election  shall  hold  their 
respective  offices  until  the  second  Monday  in  April,  1907,  or  until  their 
successors  are  elected  and  qualified. 

There  shall  be  held  on  the  second  Monday  in  April,  1907,  and  every 
two  years  thereafter,  until  otherwise  provided  by  law,  a  regular  elec- 
tion for  a  Mayor  and  four  Aldermen  in  the  City  of  Houston,  who  shall 
perform  the  duties  and  discharge  the  obligations  conferred  and  imposed 
by  the  provisions  of  this  act,  and  who  shall  hold  their  offices  for  twa 
years,  or  until  their  successors  are  elected  and  qualified. 

Sec.  18.  Be  it  further  enacted,  that  all  laws  and  parts  of  laws  in 
confiict  herewith,  be  and  the  same  are  hereby  repealed;  and  that 
all  previous  special  acts  granting  or  amending  charters  of  the  City  of 
Houston,  be  especially  repealed. 


INDEX 


A 

ACCOUNTS—  Art. 

How  kept 8 

Right  of  Council  or  Mayor  to  investigate 7 

ACTION  BY  CITIZENS— 

Property   taxpayer   may   restrain   execution  of 

illegal  or  fraudulent  contract 9 

May  recover  fraudulent  payment  of  salary  or 

bills  9 

Five  freeholders  may  intervene  in  court  in  name 

of  City 9 

ALDEJRMEN— 

Qualification  of  Aldermen 7 

To  be  elected  by  vote  at  large 7 

Calinot  hold  other  office  and  receive  compensa- 
tion therefor  7 

Cannot  be  pecuniarily  interested  in  contract  or 

work  for  City  or  State 7 

Shall  forfeit  office  if  interested  in  contracts,  and 
may  be  removed  on  action  of  five  citizens  in 

court     7 

Penalty  for  accepting  bribe 7 

Vacancy — How  filled    7 

Salary  of  Aldermen 7 

ANIMALS— 

To  require  owners  to  remove  same. when  dead. .  2 

To  inspect  milch  cows 2 

May   be   impounded 2 

May  regulate  being  driven  through  city 2 

APPOINTIVE  officers- 
How  appointed    5 

How  removed   5 


Sec.  Page 
3  35 
9         33 


37 
37 
38 


2 

31 

2 

31 

4 

31 

4 

31 

4 

32 

5 

32 

7 

32 

12 

34 

15 

8 

16 

10 

16 

10 

16 

10 

2 

28 

2 

28 

B 

BAKERIES— 

Right  to  regulate  and  prescribe  weight,  quality 
and  price  of  bread 

BAWDY  HOUSES— 

May  be  prohibited  and  inmates  punished 


16        10 
16  9 


Sec. 

Page 

15 

24 

15 

24 

15 

24 

15 

24 

15 

25 

15 

25 

1 

25 

16 

41 

1 

25 

1 

25 

1 

25 

1 

26 

1 

26 

Index. 


BOARD  OF  APPRAISEMENT—  Abt. 

Composed  of  3 

How  created  3 

Shall  be  standing  committee  on  taxes 3 

Right  of  appeal  from  decision  of  board 3 

Must  conclude  labors  and  file  report  not  later 

than  June  15th 3 

Must  mail  notice  to  property  owner 3 

BONDS— 

Authority  to  issue 4 

Authority  to  issue  in  improvement  districts 9 

Amount  and  purpose  for  which  issued 4 

Qualified   voters  at  election 4 

Must  not  be  sold  for  less  than  par,  nor  bear 

more  than  5  per  cent,  interest 4 

To  provide  interest  and  sinking  fund 4 

Penalty  for  use  of  funds  other  than  specified. .  4 

BUDGET— 

When  submitted   6          8        30 

BUFFALO  BAYOU— 

Council  may  secure  land  and  extend  limits  to 

Harrisburg    4 

May  tax  property  along  bayou 4 

Council  may  construct  wharves  and  docks 2 

Council  may  provide  for  purification  of  water. .  2 

BUTCHERS— 

City  may  regulate 2        15 


CEMETERIES  AND  CREMATORIES— 

Council  has  power  to  regulate,  close  and  con- 
demn      2        15 

CHARITIES  AND  CORRECTIONS— 

City  may  establish  and  maintain 2        11 

CITY  COUNCIL;   ITS  POWERS— 

How  composed    7 

Rules  of    7 

May  remove  Aldermen 7 

Meetings   of    7 

Quorum   of    7 

Shall  be  in  continuous  session 7 

Shall  sit  with  open  doors 7 

Can  act  only  by  ordinance,  resolution  or  motion  7 

Ayes  and  nays  shall  be  recorded 7 

May    establish    municipal    office    and    appoint 

official  and  fix  salary 7 

Shall  require  officers  to  give  bond 7 


s 

26 

2 

26 

9 

5 

15 

8 

1 

31 

5 

32 

12 

34 

6 

32 

6 

32 

11 

34 

6 

32 

6 

32 

6 

32 

8 

33 

8 

33 

10 

33 

10 

34 

10 

34 

1 

35 

2 

38 

Index.  iii 

CITY  COUNCIL;     ITS  POWERS— Continued.  Abt.     Sec.  Pagb 

Shall  investigate  all  departments  of  city  and 
have  power  to  compel  witnesses  to  produce 

books  and  testify 7  9        33 

Shall  make  appropriations  for  various  depart- 
ments in  April  each  year 7        10        33 

Shall  make  appropriations  for  contingent  pur- 
poses             7 

Shall  create  sinking  and  interest  fund 7 

Shall  not  exceed  estimated  available  resources        7 
Majority  vote  required  to  impeach  Controller. .         8 

Shall  canvass  election  returns 9 

Shall  prescribe  manner  of  holding  primary  elec- 
tions             9  2         38 

To  regulate  butchers,  and  the  selling  of  vege- 
tables, fish,  etc 2        15  8 

May  require  foodstuffs  to  be  inspected  and  con- 
demned          2        15  8 

May  regulate  removal  of  night  soil 2        15  8 

Penalties  for  failure  to  remove  night  soil 2        15  8 

To    provide    for    destruction    of    unwholesome 

matter    2        15  8 

To  require  owners  to  remove  dead  animals. ...         2         15  8 

To  regulate  burial  grounds,  crematories,  etc...         2        15  7 

May  commute  fines  by  labor  in  work  house  or 

rock  pile   2         12  5 

May  establish  and  regulate  charities  and  cor- 
rections             2        11  5 

To  provide  for  destruction  of  infected  clothing, 

bedding,   etc 2        15  8 

To  improve  and   preserve   purity  of  water  in 

BulTalo   Bayou    2 

To  establish  and  maintain  Police  Department. .         2 

To  regulate  theatres,  dance  houses,  etc 2 

To  regulate  saloons  and  close  variety  theaters. .         2 
To  prohibit  bawdy  houses  and  suppress  assigna- 
tion houses  2 

To  inspect  weights  and  measures 2 

To   regulate   draymen,    hack   drivers,   baggage 

wagons  and  to  preserve  order  at  depots. ...         2 
To  establish  maximum  rates  of  hacks  and  pub- 
lic conveyances   2 

To  fix  public  stands  for  hacks,  drays,  etc 2 

To   suppress   gambling   houses   and   selling   of 

lottery  tickets    2 

To  regulate  bakeries  and  prescribe  weight  and 

price  of  bread 2 

To  provide  for  inspection  of  milch  cattle 2 

To  establish  pounds  and   prohibit  running  at 

large  of  stock 2 

To  tax  dogs 2 

To  prohibit  rolling  of  hoops,   flying  of  kites, 

and  firing  of  fire-crackers 2 

To  prohibit  ringing  of  bells  or  noises  on  streets        2 


15 

8 

16 

9 

16 

9 

16 

9 

16 

9 

16 

9 

16 

9 

16 

9 

16 

9 

16 

9 

16 

10 

16 

10 

16 

10 

16 

10 

16 

10 

16 

10 

Sec. 

Page 

16 

10 

16 

10 

16 

10 

16 

10 

16 

10 

16 

11 

16 

11 

16 

11 

16 

11 

16 

11 

16 

11 

17 

11 

Index. 


CITY  COUNCIL;   ITS  POWERS— Continued.  Aim. 

To  prohibit  soliciting  of  alms , 2 

To  prohibit  blowing  of  whistles  and  regulate 

speed  of  railway  engines 2 

To  regulate  driving  of  cattle  through  city....         2 
To  prevent  trespass  and  breach  of  the  peace. .         2 

To  prevent  immoral  theaters 2 

To  require  abandoned  railway  tracks  to  be  re- 
moved             2         16         10 

To  prohibit  horse  racing  and  immoderate  driv- 
ing             2 

To  regulate  automobiles 2 

To  prohibit  abuse  of  animals. .' 2 

To  compel  hitching  of  animals 2 

To  restrain  vagrants,  prostitutes,  etc 2 

To  regulate  sale  of  cocaine,  morphine,  etc....         Z 

To  grant  franchises 2 

May  inspect  books  of  corporations  holding  fran- 
chises             2         17         12 

May  examine  books  of  grantees  of  franchises 

for   purpose   of  fixing   rates 8  5         36 

May  grant  sidetrack  and  switching  privileges 

to  industrial  plants 2         18         13 

May  license  and  tax  peddlers,  auctioneers,  thea- 
ters, exhibitions,  circuses,  billiard  tables, 
ten  pin  alleys,  pul)lic  carriers,  dram  shops, 

etc 3  7         17 

Duty  to  institute  suit  for  back  taxes,  one  year 

after  charter  becomes  effective 3  8        18 

Shall   fine   person   employed    for   collection    of 

taxes  for  neglect  of  duty 3  8        18 

May  receive  payment  of  taxes  in  advance  and 

allow    interest    3         13         23 

Authority  to  issue  bonds,  purpose  oJ  issue  and 

amount    4  1        25 

To  provide  for  sinking  fund  and  payment  of 

bonds    4  1         26 

Shall  require  fees  of  Corporation  Court  to  be 

paid   to   city 4 

May  require  street  cars  to  be  vestibuled 4 

May  require   street  cars  to  be  equipped  with 

fenders   4 

May  require  closed  cars  during  December,  Jan- 
uary and  February 4 

Shall  fix  compensation  of  appointed  officers. ...         5 

May  remove  appointive  officers 5 

May  overrule  veto  of  Mayor 6 

Judge  of  election  of  members 7 

CITY  LIMITS— 

Territory  embraced  in 1  2  1 

CITY  OF  HOUSTON— 

Corporate   name    1  1  1 

Platting  of   property 13  1 


3 

26 

5 

27 

5 

27 

5 

27 

1 

28 

2 

28 

6 

30 

3 

31 

Index. 


CITY  OF  HOUSTON— Cow^inweri. 

Corporate  powers   

Power  to  enact  and  enforce  ordinances 

Real  estate,  etc.,  owned  by 

Street  powers  

May  own  or  buy  waterworks 

May  own  or  buy  electric  light  plants 

May  own  or  buy  street  railways 

Duty  to  regulate  disposition  of  sewage,  waste 

water,   garbage,   etc 

Not  required  to  give  bond 

COCAINE— 

Right  to  regulate  and  control  sale  of  same. . . . 
CONTRACTS— 

Shall  not  be  let  unless  an  appropriation  has 
been  made  therefor,  or  in  excess  of  appro- 
priation     

Personal  services  restricted  to  particular  work 

For  supplies  restricted  to  ninety  days 

For  over  $1000.00  must  be  on  specifications  and 
submitted  to  competitive  bids 

Become  void  if  city  official  is  interested 

CONTROLLER— 

Manner  of   election 

Duties  of   

Shall  make  reports 

Shall  sign  all  warrants  for  money 

May  require  affidavit  to  accounts 

Shall  require  indebtedness  to  City  to  be  paid 

before  issuing  warrant 

Shall  audit  and  approve  claim  before  issuing 

warrant    

Shall  make  annual  report 

Must  keep  separate  accounts  of  each  department 

CORPORATION  COURT— 

Powers  and  duties  of 

Appointment  and  term  of  Judge 

Clerk — How  appointed    

Duties  of  Clerk 

Rewards  and  fees  of  officers  payable  to  city . . . 
Disability  or  absence  of  Judge 


Art. 
z 
2 
2 
2 
2 

2 

2 
9 


Sex;.  Page 
1  1 


16 


2 

2 
2 
4 
4 
4 

4 
39 


11 


2 

19 

13 

2 

19 

13 

2 

19 

13 

2 

19 

13 

7 

4 

31 

8 

1 

34 

8 

2 

35 

8 

3 

35 

8 

3 

35 

8 

3 

35 

8 

3 

36 

8 

3 

36 

8 

4 

36 

8 

8 

35 

2 

13 

5 

2 

13 

6 

2 

13 

6 

2 

13 

6 

4 

3 

26 

6 

7 

30 

D 

DAMAGES;   LIABILITY  FOR— 

Must  give  notice  in  writing  within  ninety  days 

before  City  is  liable .* 

Liability   and   negligence   in    repair   of  streets 
and  bridges 

DEPARTMENTS— 

Heads   of   departments    shall    make    report    to 
Mayor   


9 

11 

40 

9 

12 

40 

7 

10 

33 

Index. 


DOGS—  Art. 

Running  at  large  prohibited 2 

E 
ELECTIVE  OFFICERS— 

Those  who  are  elected  by  popular  vote 5 

Those  elected  at  last  election 9 

Present  officers   9 

F 

FIRE  DEPARTMENT— 

Citj'  has  right  to  regulate  and  maintain "2 

FIRE  LIMITS— 

City  has  right  to  define  fire  limits 2 

FIRE-PROOF  ROOFING— 

City  has  right  to  fix  limits 2 

FRANCHISES- 
HOW  granted  and  limit  of  time  of  grant 2 

Ordinance  granting  must  be  read  at  three  meet- 
ings of  Council 2 

Must  be  submitted  to  qualified  voters 2 

Council  may  inspect  books  of  grantee 2 

Must  provide  for  adequate  compensation  or  con- 
sideration           2 

G 

GAMBLING  HOUSE— 

Right  to  suppress 2 

GENERAL   ELECTION— 

Voting  precincts;  where  located 9 

Council  to  canvas  and  count  returns 9 

Mayor  must  call  within  forty  days  after  Char- 
ter becomes  law 9 

Shall  be  held  every  two  years 9 

Council  to  make  all  necessary  regulations  con- 
cerning           9 

I 

IMPROyEMENT  DISTRICTS— 

May  divide  city  into 9 

May  issue  bonds  for 9 

May  levy  additonal  tax 9 

Must  submit  to  vote  of  district 9 

L 

LOTTERY  TICKETS— 

Right  to  suppress  sale  of 2 


Sec.  Page 
16    10 


1    27 

6    39 

17    42 


17 


16 


2 
2 

17 
17 


11 


17 

11 

18 

12 

17 

12 

11 


38 
38 

42 
42 

38 


16 

41 

16 

41 

16 

41 

16 

41 

16 


RT. 

Sec. 

Page 

2 

10 

5 

2 

10 

5 

6 

1 

28 

6 

1 

28 

6 

3 

29 

6 

4 

29 

6 

5 

29 

6 

6 

29 

6 

7 

30 

6 

9 

30 

7 

8 

33 

7 

9 

33 

1 

10 

34 

8 

3 

35 

Index. 
M 

MARKETS  AND  ABBATOIRS— 

City  has  right  to  regulate 

City  has  right  to  operate  and  maintain 

MAYOR— 

Qualification  of  Mayor 

Term  of  office  of  Mayor 

Disability  of  Mayor 

Death,  resignation  or  permanent  disability  of 

Mayor  

Impeachment  of  Mayor 

Veto  power  of  Mayor 

General  power  of  Mayor 

Salary  of  Mayor 

May  remove  appointive  official 

Has  power  to  investigate  departments 

Shall  recommend  to  Council  departmental  esti- 
mates   

Shall  sign  all  warrants  for  money 

0 

OCCUPATION  TAX  AND  LICENSE— 

City  has  right  to  levy  and  collect 3  7 

ORDINANCES— 

Fines  for  violation 2         12 

Not  inconsistent  with  Charter  to  t-emain  in  full 
force    

Printed  ordinances  prima  facie  evidence 

Pleading  ordinances  

Granting  franchises  must  be  published 

No  ordinances  shall  be  passed  on  date  intro- 
duced, unless  in  case  of  public  emergency.  .7  6        32 

P 
PETITIONS— 

Petitions  by  citizens;  how  made 9  3        39 

Affidavit  to  signature  must  be, made 9  3        39 

POLL  TAX— 

Those  liable  for 3  1        15 

PRIMARY  ELECTION— 

Council  to  prescribe  manner  of  holding 9  2        38 

Rules   governing   same 5  1         28 

PROPERTY— 

Public  property  exempt  from  execution 9  9,        40 

PUBLIC  ACT— 

Charter  so  recognized 9  4        39 

Charter  so  recognized 9         14        40 


9 

5 

39 

9 

7 

39 

9 

13 

.  40 

2 

17 

11 

RT. 

Sec. 

Page 

9 

15 

40 

9 

15 

40 

9 

15 

40 

9 

15 

41 

y 

15 

41 

2 

18 

12 

2 

17 

11 

9 

15 

41 

viii  Index. 

PUBLIC  UTILITIES— 

City's  right  to  acquire 

Character  of  utilities  may  acquire 

How  payment  shall  be  made 

Must  be  sumbitted  to  taxpaying  voters 

Right  to  regrlate 

R 

REFERENDUM— 

To  be  left  to  popular  vote 

Optional  with  City  Council 

To  purchase  public  utilties 

REMOVAL  FROM  OFFICE— 

Mayor  may  remove  officer 6  7         30 

Employe  or  officer   may  be   removed   if   inter- 
ested in  contracts 7  4         32 

May  be  removed  and  office  abolished 7  8         33 

REPEALING   CLAUSE— 

All  laws  and  Charters  in  conflict  herewith  re- 
pealed             9         17         42 

S 
SCHOOLS— 

City  of  Houston  independent  school  district.  ..  .  2  14  6 
,         City  of  Houston  has  power  to  collect  taxes  and 

appropriate  funds  2  14  6 

City  haa  control  of 2  14  6 

School    Trustees — How   apointed,   terms   of   of- 
fice, etc 2  14  6 

Right  of  Mayor  to  veto  pecuniary  liability  v. .  •  2  14  7 

Board  may  pass  resolutions  over  Mayor's  veto.  2  14  '7 

Appropriation  of  funds  not  effective  for  ten  day.j  2  14  7 

Custodian    of   funds 2  14  7 

How  funds  are  to  be  paid  out 2  14  7 

Duty  of  board  to  make  financial  statements.  ...  2  14  7 

School  board  to  receive  no  pay 2  14  7 

School  board  cannot  buy  or  sell  warrants 2  14  7 

SIDEWALKS— 

May  require  property  owner  to  build 4  4         27 

City  may  build  ^nd  recover  personal  judgment        4  4        27 

STATE  LAWS— 

City  agent  for  State  in  enforcement 4  3        26 

STORAGE  OF  LUMBER,  ETC.— 

City  has  right  to  regulate 2  8  5 

STREET  RAILWAYS— 

Must  keep  streets  and  bridges  in  repair 2  5  3 

City  to  regulate  speed 2  5  3 

Liability  for  paving 2  5  3 


Index. 


STREET  RAILWAYS — Continued.  Art. 

City's  right  to  require  transfer 2 

City  may  regulate  fares 2 

Penalties  for  failure  to  give  transfer 2 

City  may  buy  or  construct 2 

Council  may  require  cars  to  be  vestibuled 4 

Council  may  require  cars  to  be  equipped  with 

fenders   4 

Council  may  require  closed  cars 4 

City  may  regulate : .  9 


Sec. 

Page 

5 

3 

6 

4 

6 

4 

7 

4 

5 

27 

5 

27 

5 

27 

15 

40 

T 

TAXES— 

Council  may  levy,  assess  and  collegt 3 

Not  to  exceed  2  per  cent 3 

Special  tax  in  improvement  district  not  to  ex- 
ceed 25  cents 3 

Failure  to  pass  levying  ordinance  will  not  in- 
validate collection 3 

Council  may  determine  when  payable 3 

Poll  tax,  $1.00  annually 3 

All  property,  real,  personal  and  mixed,  liable. .  3 

Personal  property  may  be  levied  on , 3 

A  lien  on  property 3 

Must  be  assessed  by  owner 3 

Assessor  and  Collector  may  assess  when  owner 

fails  or  refuses 3 

Definition  of  property 3 

Council  may  prescribe  when  assessments  shall 
be  made,  and  regulate  method  of  making  in- 
ventories      3 

Payable  at  office  of  Assessor  and  Collector. ...  3 
Payable  in  current  money  of  the  United  States  3 
Licenses  and  occupation  taxes  payable  to  As- 
sessor and  Collector 3 

Due  from  1875  up,  collectible  by  suit 3 

May  recover  personal  judgment 3 

Foreclosure  and  sale  by  Sheriff  to  satisfy  taxes 

and  costs  3 

Attorney's  fees  of  5  per  cent,  added  to  costs  of 

suit    3 

Assessor's  rolls  prima  facie  evidence 3 

Deeds  of  Assessor  and  Collector  from  1890  to 

1894  prima  facie  evidence 3 

Due  January  1st  of  every  year 3 

No  authority  to  remit,  discount  or  compromise  3 

Delinquent  roll  to  be  published  in  newspaper. .  3 
Sales  made  by  Assessor  and  Collector  must  be 

confirmed  by  Council 3 

City  may  become  purchaser  at  sale 3 

Failure  to  prepare  delinquent  roll  or  publish 

same  does  not  affect  liability 3 

State  or  City  may  intervene 3 


1 

14 

1 

14 

1 

15 

1 

15 

1 

15 

1 

15 

2 

15 

2 

15 

2 

15 

4 

16 

5 

16 

4 

16 

5 

16 

5 

16 

6 

17 

7 

17 

8 

18 

8 

18 

8 

19 

8 

19 

9 

20 

9 

20 

10 

20 

10 

20 

11 

20 

11 

20 

11 

21 

11 

21 

11 

22 

12 

22 

12 

23 

12 

23 

13 

23 

14 

24 

16 

41 

X  Index. 

TAXES — Continued.  Art.     Sec.  Page 

Delinquent   roll    must   be   finished   by   last   of 

February  3 

Delinquent    roll    published    in    March    once    a 

week  for  four  weeks 3 

Owner  may  demand  written  statement  of  taxes 

due 3 

May  receive  payment  in  advance  and  allow  in- 
terest           3 

Abbreviations  and   errors   in   description   does 

not  invalidate 3 

Additional   may   be   collected    in   improvement 

districts    9 

V 

VAGRANTS— 

Right  to  punish 2 

VARIETY  THEATERS— 

Right  to  regulate  and  close 2 

w 

WHARVES   AND   DOCKS— 

City  may  buy  or  construct 2 

City  may  regulate  use  of 2 

WATERWORKS— 

City  may  buy  or  construct 2 

Right  to  regulate 9 

WEIGHTS  AND  MEASURES— 

Right  to  regulate  and  inspect 2        16 


16 


16 


11 


10 


9 

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9 

5 

7 

4 

15 

40 

LIBRARY 
PUBLIC  AFFAIRS  SERVICE 


UNiVLKSilY  OF  CAllrORNIA 
LOS  ANGELES 


*i 


